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2026 Supreme(Online)(Mad) 15737

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Dr.Justice ANITA SUMANTH
S.ARUMUGA GOUNDER – Appellant
Versus
PRESIDING OFFICER – Respondent



2026:MHC:742 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-02-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR WP No. 17016 of 1998 S.Arumuga Gounder ..Petitioner(s)

Vs

1. The Presiding Officer, The Tamil Nadu Land Reforms, Special Appellate Tribunal, J.P.Maligai, Santhome High Road, Chennai 600 004.

2. The Presiding Officer, Land Tribunal, Tanjavur, Tanjavur Dist.

3. Asst. Commissioner (land Reforms)

Coimbatore. Coimbatore Dist.

4. Smt. Marimuthammal (died)

5. R.Manohari 6. M.Sasikala

7. K.Renukadevi (R5 TO R7 are substituted as Lrs of deceased R4 vide order dated 07.01.2026 made in WPMP.No.508 of 2009 in WP.No.17016 of

1998)

..Respondent(s)

Prayer: Writ petition filed under article 226 of Constitution of India for issuance a Writ of Certiorified Mandumus or any other appropriate writ or order or direction in the nature of Writ calling for the order passed by the 1st Respondent in S.R.P. No.25/96 dated 20.08.1998 and quash the same and forbear the 4th Respondent from dispossessing the petitioner in pursuance of the orders of Respondents 1 to 3 made in S.R.P. No.25/96 dated 20.08.1998, LTCMA No.8/95, dated 17.06.1996 and MR-II/5M/K dated 09.05.1995 respectively and render justice.

For Petitioner(s): Mr..Wilson Topay for M/s.A.S.Kailasam Associates For Respondent(s): R1 And R2 Tribunal Mr.D.Ravichander Special Government Pleader (for R3)

R4-died.

Mr.C.V.Vijayakumar (for R5 to R7)

ORDER

(Order of the Court was made by Dr.Anita Sumanth J.)

This Writ Petition is filed challenging an order of the Tamil Nadu Land Reforms Special Appellate Tribunal dated 20.08.1998. The brief facts are as follows. Tmt.Marimuthammal/R4 (legal heirs have been substituted on 07.01.2026 as R5, R6 and R7) owned various parcels of land. One, Arumuga Gounder, the petitioner, was the cultivating tenant in respect of some portion of the lands.

2. There was an enquiry in terms of the provisions of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (in short ‘Act’) and lands in various survey numbers admeasuring 25.16 acres in Singanallur Village, Pollachi Taluk were notified under Section 61 of the Act on

30.04.1972.

3. The orders of the lower authorities refer to the date of Notification as

15.02.1970, but the Tribunal, on a perusal of the files, has rendered a factual finding at paragraph 4 of the order that the crucial date of Notification was 30.04.1972. The parties before us accept this position without demur and hence, we proceed on the basis that the crucial date of Notification in this matter is 30.04.1972 in terms of the provisions of Section 61 of the Act.

4. Since the petitioner had not filed a Statement of lands, an assessment came to be made by the Assistant Commissioner, Land Reforms, Coimbatore on

26.09.1992 and the determination of surplus land therein, was as follows:

Name of the Village S.No. Extent Rate of SA assessment Singanallur, Pollachi 107A 3.48 Wet 4.02 1.988 Taluk

107B 0.95 Dry 0.13 0.237 (0.23)

107C 2.00 Wet 4.00 1.143 108A 2.26 “ 6.81 1.412 108B 0.38 “ 26.00 0.475 109 3.00 “ 6.70 1.875 118A 9.61 12.58 Dry 0.82 3.145

119 9.89 120 6.66

25.16 24.65 10.275 As owner Singanallur 138/3A 2.33 Dry 1.12 )

139/2 0.14 “ 1.22 ) 0.617 ----- 2.47 -----

Total holding of Respondents As owner 2.47 0.617 As lessee 24.65 10.275 ------ -------- 27.12 10.892 ------ --------

Ceiling allowed for Cultivating tenant 5.000 ------- 5.892 -------

5. To summarize, the total holding of R4 as owner and lessee was found to be 27.12 Ordinary Acres (OA) and 10.892 Standard Acres (SA). After allowing the ceiling for cultivating tenant at 5 SA, excess lands were computed at 5.892 SA. The Assistant Commissioner passed an order under Section 61(3) (b) of the Act to the effect that an extent of 9.69 OA, equivalent to 5.892 SA, would be released to the land owner/R4.

6. An appeal was filed by the petitioner before the Land Tribunal, Thanjavur. The main argument therein was violation of principles of natural justice, accepting which

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