Initiation of suo motu proceeding held illegal.

S. Swamikkannu, J.

1. The petitioner herein has prayed for the issue of a writ of Certiorari calling for the records of the Revisional Authority and the District Revenue Officer, Thanjavur relating to Proceedings R.P. No. 64/78 J-2 dated 29.12.1980 and for quashing the same as illegal and without jurisdiction.

2. It is Inter Alia stated in the affidavit sworn to by one of the petitioners herein with an extent of 36 acres 72 cents of wet lands among others, situate in the village of Kilaiyur, Nagapattinam taluk, Thanjavur District to 12 persons. The petitioners have been cultivating the said lands as cultivating tenants under the landlords from about the year 1962. Before that the lands were under pannai cultivation of the landlord. After the enactment of the Tamil Nadu Public Trusts (Regulation and Administration of Agricultural Lands) Act, 1961, the landlord leased the said lands to the petitioners and similar lands to other cultivating tenants. The petitioners had been cultivating the lands with utmost diligence by contributing their own physical labour and that of the members of their respective family in the cultivation of the said land. They have also effected the necessary improvements from time to time. They have been delivering the rents regularly to the Trust. Neither the petitioners nor any member of their family own or cultivate any other land. They have been depending upon the aforesaid lands only for their livelihood.

3. While so, the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969, Tamil Nadu Act 10 of 1969, was enacted to provide for the preparation and maintenance of the Record of Tenancy Rights in respect of Agricultural lands in the State. The Act Inter Alia provides for preparation of the record by the Record Officer containing the Survey number, extent, name of the land owner and name of the cultivating tenant and other particulars. After due enquiry under the provisions of the said Act, the Special Tahsildar (R.T.R.), Nagapattinam passed orders on 21.2.1971 recording the petitioners as the cultivating tenants in respect of the aforesaid extent of lands. The Record Officer published a notice in the village informing the public about the preparation of the Record of Tenancy. Subsequently there was an enquiry in the village chavadi in the presence of the Public Village Officers. Representative of land-owner and cultivating tenants and others. After an elaborate enquiry the Special Tahsildar (R.T.R.) recorded the petitioners as cultivating tenants in respect of the lands. Neither the land-owner nor any other person raised any objection or preferred an appeal. In the circumstances the record made already had become final. Under Section 15 of the Act, there is a presumption of, the correctness of the entries and under Section 16(a) of jurisdiction of the Civil Court in respect of the matters covered by the Act is barred. The petitioners have been carrying on the cultivation work as cultivating tenants, without any interference or obstruction from anyone and paying the rent to the landlord-trust regularly. While so, the Tamil Nadu Land Reforms (Fixation and Ceiling on Lands) Act, 1961, which was enacted to provide for the fixation of ceiling on agricultural lands only, originally contained provisions under which the Trust-lands were exempted from the application of this Act. Subsequently, the Tamil Nadu Act 37 of 1972 sought to amend the said Act, in and by which the exemption granted to the Trust was taken away. Thereafter the authorities under the Land Reforms Act, after due enquiry under the said Act considered the holding of the abovesaid Trust and as per G.O. 1767 Revenue dated 6.8.1975 declared an extent of 54.65 of lands from the holdings of the said Trust, as surplus. Even before that the Authorised Officer under the said Act issued a notice in Form No. VI dated 19.5.73 declaring the lands as surplus. Since the surplus lands vested with the Government, the Government recognised the peti