After a lapse of 42 years, the petitioners cannot claim any right over the land declared as surplus under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned Notification in the Government Order in G.O.Ms.No.3594, Revenue Department, dated 14.10.1974 issued by the 1st Respondent and the subsequent impugned proceedings in Na.ka.No.282/2018/A2 dated 26.09.2019 issued by the 4th Respondent and to quash the same and consequently directing the Respondents 1 to 5 to restore the names of the Petitioners in the Revenue Records including Patta, Chitta, Adangal etc., in respect of the land in S.Nos.266/2, 267/2 and 268/2 Ponneri Village, Udumalpet Taluk, Tiruppur District to an extent of 16.86 acres.)

1. The writ on hand has been instituted to quash the impugned notification issued by the Government in G.O.Ms.No.3594, Revenue Department, dated 14.10.1974 issued by the 1st Respondent and subsequent impugned proceedings issued by the 4th Respondent in proceedings dated 26.09.2019 and to direct the respondents 1 to 5 to restore the names of the petitioners in revenue records including Patta, Chitta, Adangal etc., in respect of the land in S.Nos.266/2, 267/2 and 268/2 Ponneri Village, Udumalpet Taluk, Tiruppur District to an extent of 16.86 acres.

PETITIONER’S CASE:

2. The 1st petitioner is wife of the Late Thiru.G.Ramasamy Naicker and mother of the petitioners 2 and 3. The petitioners state that they are the owners of the land at property comprised in S.No.266/2, 267/2 and 268/2 Ponneri Village, Udumalpet Taluk, Trippur District to an extent of 16.86 acres.

3. The petitioners state that the subject property originally belonged to Thiru.Jangama Naidu. The said Jangama Naidu had executed a settlement deed in favour of Late Thiru. G.Ramasamy Naicker in Document No.344 of 1959 dated 18.02.1959 on condition that the property will remain as “Life Estate” to G.Ramasamy Naicker and after his demise, the property will be passed on to his legal heirs and in the absence of any legal heirs, the property will be returned to the executants or their legal heirs. Thus, it was a conditional settlement made in favour of Late Thiru. G.Ramasamy Niacker. He will be the limited owner only to enjoy the property till his life time and thereafter it will be transferred to his legal heirs. There was no right of alienation conferred on the said G.Ramasamy Naicker.

4. The petitioners state that they are the legal heirs of Late Thiru G.Ramasamy Naicker and descended his property after his demise on 13.08.2005. Thus, the petitioners have become the absolute owners of the subject property.

5. The petitioners found that the name of the Late Thiru.G.Ramasamy Naicker had been deleted from the revenue records and the names of many other individuals have been entered including the patta during Updating Registry Scheme (UDR). The petitioners submitted representation to the Tahsildar, Udumalpet Taluk for restoration of patta in their names. The Tahsildar, Udumalpet conducted an enquiry and conducted field inspection. The Tahsildar included the names of the petitioners in the patta along with other persons in the year 2017. Subsequently, the petitioners came to know that the patta have been granted to many individuals in respect of the subject property and it was declared as surplus under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961.

6. The petitioners state that no notice or proceedings were communicated to Late Thiru.G.Ramasamy Naicker, the husband of the 1st petitioner and the father of the petitioners 2 and 3. Possession has not been taken and Late G.Ramasamy Naicker was in enjoyment. Thus, the subject property remains as ''Life Estate'' of the G.Ramasamy Naicker as per the settlement deed dated 18.02.1959. Late Thiru.G.Ramasamy Naicker was alive till 2005 and the said land therefore cannot be declared as a surplus land by oper