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1978 DIGILAW 155 (MAD)

Sethuraman and others v. The Authorised Officer, Land Reforms, Ramnad at Madurai

1978-02-24

S.NAINAR SUNDARAM

body1978
Order.-The land owners under the Tamil Nadu Act LVIII of 1961 are the petitioners. When proceedings were initiated under the Act, their predecessor-in-title, Chellam Servai put forth several contentions out of which only one survives for the purpose of this revision. The said contention relates to exemption claimed in respect of certain survey numbers under section 73, clause 8 of the Act. 2. The authorised officer found that the land for which the landowners prayed for exemption under that category cannot be said to be one used exclusively for growing fuel trees. The authorised officer found that the trees found in the survey numbers are not of permanent nature and they have not been grown by the landowners and that they have grown just accidentally. These conclusions the authorised officer arrived at after personal inspection of the lands concerned. In this view, the exemption prayed for was negatived by the authorised officer. 3. There was an appeal to the Land Tribunal (Subordinate Judge) of Ramanathapuram at Madurai in Land Reforms Appeal No. 5 of 1974, and the Land Tribunal concurred with the order of the authorised officer in this connection. It must be pointed out that other reliefs prayed for by the landowners were granted by the Land Tribunal. So far as this contention is concerned, I find that there is absolutely no evidence that the landowners consciously indulged in cultivation and growing of fuel trees in the lands concerned which alone would suffice the purpose of section 73, clause 8 of the Act. This must be the correct proposition to be applied while invoking exemption under section 73, clause 8 of the Act. In view of the expression “used exclusively for growing fuel trees”, no spontaneous growth and sporadic growth of fuel trees will warrant the invocation of clause 8, section 73 of the Act, for the potentialities of the land for being converted into cultivable lands cannot be ruled out. I do not find any error of law or error of jurisdiction committed by the authorised officer and the Land Tribunal in this connection. 4. In this view, the present revision is dismissed, but there will be no order as to costs.