G. THAMBIDURAI Vs. THE TAHSILDAR AND ORS.

JUDGEMENT

(1.) The brief facts of the case are as follows:-

(2.) The 1st defendant has filed a written statement and the same has been adopted by the other five defendants. The defendants submitted that the suit scheduled mentioned property comprised in Survey No. 199/2 to an extent of 4.59 acres situated at Pillaiyar Patti Village. Originally, the land was belonging to Kailasam Sanaiyar and the patta also was standing in his name. Thereafter, the property had been transferred to the Government. Further, the plaintiff had never raised any claim for the said land against the arrears of land tax. Further, the plaintiff had not claimed the suit scheduled mentioned property within a period of two years from the date of seizure as per Revenue Department standing rule 45(4) as such the plaintiff has no locus standi to claim the said land after a larger delay. The defendants additionally added that the plaintiff's review appeal before the Special Commissioner and the lands reforms commission had dismissed the said appeal on 01.04.1991 on the ground that the plaintiff is not in physical possession. Further, the 1st defendant had leased out two portions of the lands to and in favour of 4th and 5th defendants herein.

(3.) The defendants further submit that the plaintiff had submitted a claim application before the 2nd defendant herein/Revenue Divisional Officer, and requested him to reassign the suit scheduled mentioned property but the same was rejected by the 2nd defendant and it has been confirmed by the 3rd defendant/District Revenue Officer. Further after purchasing the property by the Government. Subsequently, it has been converted to Punjai Tharisu land. Thereafter, no compulsion to reassign the said lands to and in favour of the legal heirs of the original owner. Further, the Government after taking the land notice had been issued to the original owner after granting sufficient time for remitting the land tax, that opportunity had not been utilized by the plaintiff, now claiming the said land is not appropriate. The suit scheduled property has been under the care and custody of the Government. Therefore, the lands had been leased out to the Cherry Culture Department which is owned by the State Government and Hindustan Petroleum, which is owned by the Central Government. The lease was arranged as per the Government Rules.