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1990 Supreme(SC) 80

A. M. AHMADI, SABYASACHI MUKHARJEE, T. K. THOMMEN
M. K. Harihara Iyer – Appellant
Versus
Authorised Officer, Land Reforms, Tirunel Veli – Respondent


Advocates:
G.VISHVANATHA IYER, N.SUDHAKARAN, V.KRISHNAMURTHY

Judgment

AHMADI, J:- This appeal by special leave is filed against the judgment and order of the High Court of Madras whereby it remitted the matter to the Authorised Officer for disposal in accordance with law and in the light of the observations made therein. The facts giving rise to this appeal are as under :

The appellant-land owner held lands in Kanyakumari District in excess of 30 standard acres as on 6th April, 1960. He filed a return in Form No. 2 as required by the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Act 58 of 1961), hereinafter called the Act. An enquiry was initiated by the Authorised Officer, Land Reforms, under S. 9(2)(b) of the Act. The appellant raised several objections but they were overruled. The Authorised Officer came to the conclusion that the family of the appellant could be reckoned to be of five members between 6th April, 1960 and 2nd October, 1962 and accordingly the land owner was entitled to 30 standard acres while his wife and daughter could hold 10 and 7.71 standard acres respectively as sridhana lands. The appellant was directed to state which lands he wished to be included in his holding and identify the lands which fell sur





























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