KRISHNVENIAMMAL Vs. ASST COMMISSIONER LAND REFORMS

JUDGEMENT

(1.) PETITION filed under Article 226 of the Constitution of India praying for the issuance of the writ of Certiorari calling for the records of the third respondent - Tribunal relating to its order dated 28.10.1999 passed in S.R.P. No. 12 of 1999 and quash the same.) Aggrieved by the order dated 28.10.1999 passed by the Tamil Nadu Land Reforms Special Appellate Tribunal, Chennai in SRP No. 12 of 1999 wherein and by which the Special Appellate Tribunal disagreed with the order passed by the Appellate Authority and District Revenue Officer, Land Tribunal, Thanjavur in L.T.C.M.A. No. 5 of 1996 thereby restoring the order of the Assistant Commissioner and Authorised Officer of Land Reforms at Villupuram dated 30.10.1995.

(2.) ORIGINALLY, the Assistant Commissioner (Land Reforms), who is the Authorised Officer, initiated action against the petitioner, who is the land owner, on the ground that since she and her husband were holding lands of more than the ceiling area as on 20.5.1970, the date of their marriage, her family is attracted by the provisions of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970) [for short, 'Act'] and by allowing an extent of 6.15 standard acres of land in Section I and an extent of 10.00 standard acres of land towards stridhana land in Section VI, an order dated 01.02.1979 was passed under Section 9(2)(b) of the Act declaring that the petitioner is having 7.78 standard acres of surplus land in Section VI as against which C.M.A. No. 142 of 1979 was filed by way of appeal and the Land Tribunal, Thanjavur, by an order dated 21.3.1988 remanded the case for fresh consideration thereby allowing the appeal with observations that the Authorised Officer shall treat the petitioner in the status of unmarried separated daughter as on 15.02.1970 and declare surplus accordingly under the provisions of the Act and that the Authorised Officer shall give a specific finding whether the lands claimed to have been given possession in furtherance of the agreement of sale dated 15.4.1970 has actually taken place and if so to exclude that extent while determining the holding of her family as on 20.5.1970. As against the same, the State preferred Civil Revision Petition being C.R.P. No. 1755 of 1981 before this Court and this Court by order dated 02.9.1982, set aside the direction of the Tribunal regarding exclusion of the lands sold to Karna Gounder while confirming the order of the Tribunal in other aspects.

(3.) HE further contended that as on the date of preparation of draft statement, viz., 10.4.1991, under Section 10(1) of the Act, her family consisted of seven members, i.e, herself, her husband and five children, and hence, her family is entitled to hold 25.00 standard acres of land, which is within the ceiling limit, as per Sections 10(2) and 5(1) (b) of the Act. It is the further submission of the learned Senior Counsel that the petitioner had stridhana land to the extent of 17.78- acres in her own name and that in view of Section 5(4)(a) of the Act, additional benefit is to be given to the family member holding stridhana land. On these grounds, he sought for interference of this Court.