A SOWMYA NARAYANAN Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) The appellants 1 to 3 are the sons and the appellants 4 and 5 are the daughters of late Smt.N.S.Kamalam, wife of Subramania Ganabadigal. As per the geneology, the land owner's family consists of 8 members including herself, her husband, four sons and two daughters, totally 8 members. Among the four sons, the first son / the first appellant became major on 4.12.1963. The second son by name Seeravarnan died on 7.7.1969. The other sons / appellants 2 and 3 were minors as on the relevant date. The fourth appellant got married on 02.06.1974 and the fifth appellant got married on 22.06.1981. The first respondent is the original Authority. Against his orders passed under Sections 12 and 18 revision is provided to the second respondent under Section 83 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961. The third and fourth respondents are the joint owners of the land at Vadavallanadu, which is the subject matter of the Writ Appeal. Pending the Writ Appeal, respondents 5 to 7 were added as respondents due to the abolition of the Office of the first respondent and divesting the work to the respondents 5 to 7.

(2.) The land in question situate in the aforesaid Vadavallanadu and Vallanadu kaspa, villages of Tirunelveli District, were given by the landowner's mother namely Tmt.Muthammal, to the land owner through the registered Will dated 17.10.1954. She is a life estate holder in respect of land in schedules 2 and 4. The Will was executed by the mother of the land owner. It consists of five schedules. Mainly life estate was given to the land owner, without power of alienation and after her life time it should go to her male issues born at that time and to be born thereafter. The first respondent initiated action against the said land owner under Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act 58 of 1961 as amended by the Tamil Nadu Act No.17 of 1970. The Act 17 of 1970 came into force on 15.02.1970, the notified date being 2.10.1970. As per the amended Act, the total allowed extent is 15 standard acres for a family as defined under Section 3 (14), consisting of 5 members and the landowners are entitled to hold 20 standard acres.

(3.) As per the order of the first respondent, the net holding of the land owner was 132.83 ordinary acres equivalent to 41.39 standard acres as on 15.02.1970. An extent of 4.54 ordinary acres was ordered to be excluded under Section 3 (22) of the Act on the ground that the same were used for non agricultural purposes. After excluding this extent, the first respondent determined the total holding as 128.29 ordinary acres equivalent to 40.25 standard acres. Consequently after fixing the members of the landowner's family as 6, the authority allowed 20 standard acres as retainable holding and declared 20.25 standard acre as surplus. Followed by this, a draft statement under Section 10 (1) of the Act was published on 23.06.1976 in the Tamil Nadu Government Gazette. On 02.11.1977, final statement under Section 12 of the Act was issued. These two proceedings were in consonance with the order passed under Section 9(2)(b) of the Act. The allowed ceiling area for the land owner's family was 47.30 ordinary acres equivalent to 20 standard acres. By fixing the members of the land owner's family as six, 80.99 ordinary acres equivalent to 20.25 stands acres were shown as surplus. This allowed ceiling limit is in accordance with Section 5 (1) (b) read with Section 10 (2) (a). The members of the Family who were alive as on the notified dated i.e. 02.10.1970 is to be taken into account while calculating the ceiling for the first time. For the second or for the subsequent time, while calculating the ceiling, the first respondent shall take into account, only those members of the family who are alive on the date of preparation of the draft statement under Section 10 (1).