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2011 Supreme(Mad) 2657
High Court of Judicature at Madras
K. CHANDRU
M. Gunachandran
Versus
Authorised Officer and Assistant Commissioner (Land Reforms), Erode & Another
W.P.No.8143 of 2004 & C.M.P.No.14276 of 2003
Decided on : 07-06-2011
For the Petitioner:N.A. Nissar Ahmed, Advocate.
For the Respondents: R1 & R2 - M. Dhandapani, Spl. G.P.
The main legal point established in the judgment is the application of the Tamil Nadu Land Reforms Act, particularly in relation to objection filing, revision petitions, re-calculation of land holdings, and classification of lands as dry or wet.
Headnote:
Land Reforms - Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 - Section 83 - Summary of Acts and Sections: Section 10(1), Section 10(5), Section 12, Section 18(1), Section 3(22), Section 3(40), Explanation IV - The court discussed the petitioner's objection filing delay, revision petitions, re-calculation of land holdings, classification of lands as dry or wet, and the application of Explanation IV to Section 3(40) in determining surplus land.
Fact of the Case:
The petitioner challenged an order regarding the declaration of surplus land under the Tamil Nadu Land Reforms Act. The petitioner's objection filing delay, revision petitions, re-calculation of land holdings, and classification of lands as dry or wet were key aspects of the case.
Finding of the Court:
The court found that the petitioner's objection filing delay was not considered due to delay, revision petitions were filed and disposed, and the classification of lands as dry or wet was based on the application of Explanation IV to Section 3(40) of the Act.
Issues: The key issues included the delay in filing objections, disposal of revision petitions, re-calculation of land holdings, and classification of lands as dry or wet.
Ratio Decidendi: The court held that the objection filing delay was not considered due to delay, revision petitions were disposed, and the classification of lands as dry or wet was based on the application of Explanation IV to Section 3(40) of the Act.
Final Decision: The writ petition was dismissed, and no costs were awarded.
1. The petitioner has filed the Special Revision Petition under Section 83 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (for short Act) before the Tamil Nadu Land Reforms Special Appellate Tribunal, challenging an order dated 11.12.2000 passed by the second respondent Land Commissioner. The said petition was not numbered.
2. In view of the abolition of the Tribunal, the matter stood transferred to this Court and was renumbered as CRP No.1942 of 2003. However, a learned Judge of this court opined that no Civil Revision Petition will lie as the officers whose orders under challenge were not a Court but only statutory authorities. Therefore, the CRP was converted into writ petition and notice was ordered.
3. The facts leading to the case are as follows:
The petitioner is a resident of Govindapuram Village. He held agricultural lands to an extent of 70.55 Ordinary Acres equivalent to 23.152 Std.Acres as on 15.02.1970, the date of commencement of the Tamil Nadu Land Reforms (FCL) Act, 58/61, as amended by Tamil Nadu Land Reforms (RCL) Act 17/70 (for short Act). A draft statement under Section 10(1) was published in the Government Gazette on 30.03.1977, proposing to declare an extent of 32.61 Ordinary Acres equivalent to 8.152 Std. Acres as surplus. The same was served on the petitioner on 01.07.1977. He filed an objection on 05.08.1977 with a delay. Since there was a delay in filing the objection, the same was not considered and no orders were passed under Section 10(5) of the Act. Final Statement under Section 12 and notification under Section 18(1) of the Act was published in the Government Gazette on 20.12.1978.
4. Against the notification under Section 18(1), the petitioner filed a revision petition before the Land Commissioner. The Land Commissioner in his proceedings in R.P.No.247 of 1979, dated 04.01.1980 dismissed the revision petition as time barred. Aggrieved by the same, the petitioner preferred a writ petition being W.P.No.3986 of 1980. This Court by an order dated 08.03.1982 allowed the revision and set aside the order of the Land Commissioner and remitted the matter to be dealt with on merits. The land owner filed a revision petition once again before the Land Commissioner and after hearing the petitioner, dismissed the revision petition on merits in R.P.No.187 of 1987 dated 28.03.1988.
5. As against the said order of the Land Commissioner, the petitioner again filed a writ petition before this Court in W.P.No.4756 of 1988. The said case was transferred to the Special Appellate Tribunal on its constitution and was re-numbered as TRP.No.415 of 1991. The TRP was disposed by an order dated 15.11.1994. The Tribunal in its order had observed as follows:-
"We do not consider that the order of the Land Commissioner in Point No.1 for exclusion under section 3(22) suffers from any error and on the other point namely converting ordinary acre into standard acres based on Explanation IV to Section 3(40) the law laid down by the Special Appellate Tribunal in TRP.414/91 will apply’ (which is a similar case relating to his brother Jayachandran)"
6. In view of the disposal of the TRP, final Statement was published under Section 12 and notification under Section 18(1) were ordered to be cancelled. The Authorised Officer, the first respondent was directed to re-calculate the holdings of the land owner by applying Explanation IV to Section 3(40) of the Act in respect of dry lands are concerned. The petitioner filed a review petition before the Tribunal, seeking for exclusion of the land under Section 3(22) of the Act. The Tribunal set aside a portion of the earlier finding in TRP.No.415/91 and directed the Assistant Commissioner, Erode to re-examine the issue after giving a copy of the inspection report to the owner. Accordingly, after putting the landowner on notice, the lands were inspected by the Assistant Commissioner on 29.06.1996 along with the Special Revenue Inspector, Dharapuram, the Sub-Inspect
