V. Devarajulu Naidu v. The Authorised Officer (Land Reforms) Kancheepuram
1978-03-17
S.SURYAMURTHY
body1978
DigiLaw.ai
Order.-This is a civil revision petition against the judgment of the Land Tribunal (Principal Subordinate Judge) Chingleput, dismissing an appeal filed under section 78 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act (LVIII of 1961), hereinafter referred to as the Act, preferred against the order of the Authorised Officer (Land Reforms), Kancheepuram. The revision petitioner and his wife had two daughters and three minor sons. One of the minor sons was bom on 2nd October,1971. The date of notification contemplated under the Act is 15th February, 1970. As the last among the minor sons was born after the date of the notification the additional extent of five, standard acres to be allotted for every member of the family in excess of five was not allotted to the family of the petitioner. 15 standard acres were allotted to the family of the petitioner consisting of five members and for each of the other two members, five acres were allotted. Thus 25 standard acres were allotted to the family of the petitioner. 2. The petitioner contends that the minor son born after the notified date is also entitled to an extent 5 standard acres under section 5 (1) (b) read with section 10(2) (a) of the Act. 3. It would appear that proceedings were initiated on 25th August, 1973 when the ceiling area in the case of every family was 30 standard acres. However those proceedings were not pursued. The Act has been subsequently amended making 15 standard acres as the ceiling area in the case of every family consisting of 5 members. After the amendment for the first time these proceedings have been initiated. 4. The contention of the learned counsel for the revision petitioner is that these proceedings have been taken for the second time,if the proceedings under the unamended Act are taken into consideration and therefore the members of the family who were alive on the date of the preparation of the draft statement under sub-section (1) should be taken into account. Admittedly in the instant case, the draft statement was prepared on 8th May, 1974. If the contentions of the learned counsel are correct, then the minor son born after 15th February, 1970 also has to be taken into account. However, I am unable to accept the contention of the the learned counsel for the revision petitioner.
Admittedly in the instant case, the draft statement was prepared on 8th May, 1974. If the contentions of the learned counsel are correct, then the minor son born after 15th February, 1970 also has to be taken into account. However, I am unable to accept the contention of the the learned counsel for the revision petitioner. Section 10 (2) (a) of the Act lays down that “For the purpose of calculating for the first time after the date of the commencement of this Act the ceiling area for a family holding land on the date of the commencement of this Act in excess of 15 standard acres the authorised officer shall take into account only those members of that family who are alive on the notified date.” Such proceedings in the instant case treating the ceiling area as 15 standard acres have been initiated for the first time only on 8th May, 1974. The proceedings initiated earlier cannot be relied on by the petitioners to take umbrage under section 10 (2) (a). Therefore, the judgment of the Land Tribunal is confirmed and the revision petition is dismissed. There will be no order as to costs.