AUTHORISED OFFICER/DEPUTY COLLECTOR REVENUE UNDER THE PONDICHERRY LAND REFORMS FIXATION OF CEILING ON LAND ACT PONDICHERRY Vs. SAROJAMMAL

JUDGEMENT

(1.) THE petitioner herein has claimed ownership of an extent of 1.891 standard hectares. She has alleged that she" held the same as her shreedhana acquired exclusively from the funds that she raised out of the presents given to her at the time of her marriage with Kesava Reddiar. She has stated that when the proceedings started under the Pondicherry Land Reforms (Fixation of Ceiling on Land) Act, 1973 (hereinafter referred to as the Act), her husband alone was subjected to the proceeding and although the two items of properties that belonged to her were included in the said proceeding, she was not served with any notice of the draft statement and other things, as contemplated under Sec.9(5) of the Act. She was aware of the proceeding against her husband, but she was unaware that her lands were also included in those proceedings. She however learnt only on 30.3.1992 that her husband was found to have held lands in excess of the ceiling area and that in the lands held in excess by him, the lands belonging to her were also included. She further came to know that as far back as 1982, the petitioner had issued the final statement (7.4.1982), showing in the schedule of the lands, the lands of her husband, her minor son as well as her lands.

(2.) PURSUANT to a memorandum of appeal against the final statement, thus only in the year 1992, i.e. to say, more than a decade thereafter (under Sec.46 of the Act), she claimed that both the draft statement as well as the final statement, were bad in law inasmuch as her properties were included in the schedule of the properties belonging to her husband and that she was not given any opportunity to make her objections in time against the draft statement and since such an opportunity was denied to her by the petitioner, final statement issued without affording her an opportunity, violated the principles of natural justice.

(3.) THE facts thus stated show how the Reddiar family has managed to hold, in excess of the ceiling area an extent of 5.580 standard hectares of land by recourse to proceedings in this Court by way of writ petitions and appeals under Sec.46 of the Act, first before the final statement publication and revisions in this Court by them and when the final statement came to be published specifying the entire lands held by the family, the son, who was a minor when the proceedings stated and thereafter became major filed a writ petition in this Court and after his losing finally on 4.9.1991 and when Sec.l7(1) notification was to be published, Sarojammal has filed the instant application.