The central legal point established in the judgment is the importance of adjudication on factual merits, including the ground of delay, and the upholding of the right to property under Article 300-A of the Constitution of India.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent in Ref.No.D1/R.P.7/2006(L.Ref)(Restored) dated 18.02.2019 and quash the same and consequently direct the 6th respondent to carry out the corrections in the notification under Section 18(1) of the Act.)

1. The order dated 18.02.2019 passed by the Land Commissioner is sought to be quashed in the present writ petition. Further direction is sought for against the 6th respondent to carry out the corrections in the notification issued under Section 18(1) of the Act.

PETITIONER''S CASE:

2. A Sale Deed in favour of Mr.R.Babachandrasekar and another for 1.98 acres was executed on 26.02.1968. 21.281 standard acres of surplus lands were found in the name of Mr.R.Babachandrasekar son of Mr.P.R.Ramakrishnan in Coimbatore and Chengelpattu Districts under the Tamil Nadu Act 17 of 1970. A Partition Deed was executed in favour of Mr.N.Rangasamy ad measuring 4.76 acres in Survey Nos.515, 516 and 518 Idikari Village, Annur Taluk, Coimbatore on 08.02.1971. Draft Statement under Section 10(1) was prepared and published in the Tamil Nadu Government Gazatte on 23.05.1979. Final Statement under Section 12 of the Act was published in the Tamil Nadu Government Gazatte on 19.03.1980 declaring an extent of 21.92 ordinary acres equivalent to 6.278 standard acres as surplus from holdings of Mr.R.Babachandrasekar.

3. The said Mr.R.Babachandrasekar filed Revision Petition under Section 82 of the Act before the Land Reforms Commissioner, Chennai. The Revision was dismissed. He filed W.P.No.8039 of 1982 against the order passed in Revision under Section 82 of the Act. The said writ petition was transferred from the High Court to Tamil Nadu Land Reforms Special Appellate Tribunal. The Appeal filed by Mr.R.Babachandrasekar was dismissed by the Land Reforms Special Appellate Tribunal. Subsequently, Notification under Section 18(A) of the Act was published in the Tamil Nadu Government Gazatte on 05.11.1995, declaring surplus lands in the land of Mr.R.Babachandrasekar.

4. On 19.12.1995, the Government issued G.O.Ms.No.982. Subsequently, Mr.N.Rangasamy filed a Revision Petition against 18(1) Notification before the Assistant Commissioner to drop further action in the case of the land belonging to Mr.N.Rangasamy. Possession of the lands were handed over to four persons on 17.02.1996. Notice was issued to Rangasamy on 26.02.1996. Mr.N.Rangasamy appeared before Assistant Commissioner, Coimbatore and submitted the 1971 Partition Deed. He raised a ground that the demarcation of surplus lands was wrong and submitted all revenue records. However, the Assistant Commissioner, Land Reforms, Coimbatore by order dated 04.04.1996 rejected the the claim of Mr.N.Rangasamy. Award proceeding was issued on 30.07.1999 by the Special Tahsildar, Adi Dravidar Welfare Award No.1/1999-2000. Mr.N.Rangasamy filed W.P.No.9289 of 2000 challenging the 4(1) Notification dated 12.06.2000.

5. The legal heirs of Mr.N.Rangasamy in the year 2002 filed Revision Petition under Section 11(3)(b) of Tamil Nadu Land Reforms Disposal of Surplus Land Rules, 1965 against the proceedings of the Assistant Commissioner dated 23.07.2002 assigning the surplus lands to the landless poor persons. Notice by Registered Post with Acknowledge Due (RPAD) was issued to all the parties. Notification under Section 18(1) was issued as per the report of the Special Revenue Inspector (Land Reforms) dated 17.01.1994 S.Nos.518/1A1B, 515/2, 516/2 were under the enjoyment of he N.Rangasamy.

6. The Special Deputy Tahsildar (Land Reforms) also submitted a report to the Assistant Commissioner that the said lands were registered in the name of Mr.N.Rangasamy as ancestral properties. Thus, it was stated that the lands, which were notified as surplus belonged to Mr.R.Babachandrasekar. Mr.N.Rangasamy requested the Assistant Commissioner to rectify the notification a