IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 17.08.2021 Pronounced on : 07.09.2021 CORAM THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN WP.No.26513 of 2008 and MP.Nos.1 & 2 of 2008 R.Mangaiarkarasi ..Petitioner Vs.

1.Union of India, U.T. of Puducherry, Rep. by Secretary to the Government, Revenue Department, Government of Puducherry, Puducherry 605 002

2.The Sub Collector(Revenue) (North), cum Authorised Officer(Land Reforms), Saram, Puducherry 605 008 ..Respondents PRAYER:

The Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of certiorari calling for the records relating to the final statement under Section 11 of the Puducherry Land Reforms (Fixation of Ceiling on Land) Act, 1973 (Act No.9 of 1974) dated 22.11.2000 (published in the gazette of Pondicherry No.173 dated 29.12.2000) and the notification under Section 17(1) of the said Act dated 26.08.2008 issued by the second respondent and quash the same insofar as they are relating to the agricultural lands of the petitioner bearing (i) cadastre No.1042/2/2, measuring 0.13.30 HAC & (ii) cadastre No.1042/2/3, measuring 0.13.30 HAC in T.N Palayam Revenue Village, Puducherry.

For Petitioner : Mr.T.P.Manoharan, Senior Counsel for Mr.K.P.Jotheeswaran For Respondents : Mr.J.Kumaran, Additional Government Pleader (Puducherry)

ORDER

This writ petition is filed to issue a writ of certiorari calling for the records relating to the final statement under Section 11 of the Puducherry Land Reforms (Fixation of Ceiling on Land) Act, 1973 (Act No.9 of 1974) dated 22.11.2000 (published in the gazette of Pondicherry No.173 dated 29.12.2000) and the notification under Section 17(1) of the said Act dated 26.08.2008 issued by the second respondent and quash the same insofar as they are relating to the agricultural lands of the petitioner bearing (i) cadastre No.1042/2/2, measuring 0.13.30 HAC & (ii) cadastre No.1042/2/3, measuring 0.13.30 HAC in T.N Palayam Revenue Village, Puducherry.

2. Heard, Mr.T.P.Manoharan, Senior Counsel appearing for the petitioner, and Mr.J.Kumaran, Additional Government Pleader(Puducherry)

appearing for the respondents.

3. The petitioner purchased the agricultural land situated at Abishekapakkam village, Puducherry including the land bearing cadastre No.1042/2/2 admeasuring 0.24.90 hectares and cadastre No.1042/2/3 admeasuring 0.37.0 hectares from her father in law, P.C.Purushothama Reddiar. Her father in law was found to have held land in excess of the ceiling limit as prescribed under the Pondicherry Land Reforms (Fixation of Ceiling on Land) Act, 1973 (Act 9 of 1974) (hereinafter called as 'the Act') at T.N.Palayam and Kirumampakkam Revenue Villages. Therefore, he was issued notice under sub-section (1) of section 8 of the Act on 15.10.1975 with request to furnish the return in respect of his family land holdings in the Union Territory of Pondicherry on or before 24.10.1975. He replied by his letter dated 23.10.1975 that he could not able to come for enquiry on medical grounds and requested extension of time for 15 days. Accordingly, he was given time for submission of his return in Form No.2 upto 15.11.1975. He submitted his Form No.2 on 29.11.1975 and he furnished his particulars of land held as on 24.01.1971.

4. The said Purushothama Reddiar and his son filed writ petitions before this Court in WP.No.6907 of 1975 and WP.No.6908 of 1975 challenging the constitutional validity of the Act, which were dismissed by this Court by order dated 28.07.1976. While dismissing the writ petitions, this Court directed him to file his returns before authorised officer. In exercise of power, the authorised officer prepared a draft statement as contemplated under Section 8 (2) (b) of the Act in Form 8 under Section 9(1) of the Act specifying the land holdings to be declared as surplus. The authorised officer published Form 8 under sub-section (1) of Section 9 of the Act and sub-section (5) of Section 9 of the Act vide Extraordinary Gazette No.290 da