NAGALAKSHMI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) SINCE the issue involved in all these writ petitions are identical, they were heard together and are disposed of by this common order. The prayer in all these writ petitions are identical, to quash the order dated 13.11.2006, passed by the third respondent, the Record Officer, under the provisions of the Tamil Nadu Agricultural Land Record of Tenancy Rights Act, 1969, (1969 Act).

(2.) THE petitioners claim to be cultivating tenants in respect of specified extent covered in R.S.Nos.22/2, 88/1, 89, 62/2A, 82/3A, 83/3, 107/4, 107/5, 108/1, 108/2, 110/2, 111/2, 111/3, 111/4, 111/5, 46/1, 46/2A, 51/2, 51/3, 58/4B, 76/2, 96/5, 97/2C, 97/3, 99/4 and 99/5, Kooduvelichavadi village, Kattumanarkoil Taluk, Cuddalore District having taken the same on lease from the respective land owners and said to be cultivating the same for several years. At this stage it may be noted that the land owners have not made the parties to the writ petitions.

(3.) PER contra, the learned Government Advocate, by relying upon the counter affidavit, submitted that there are no records to show that the petitioners were cultivating tenants and if any such record is available nothing prevented the petitioners by producing such documents. Further, it is submitted that the earlier order passed by the third respondent dated 17.07.2006, was an ex-parte order and therefore the same was rightly set aside and thereafter opportunity was granted to the petitioners and they appeared for enquiry before the third respondent and after hearing them, the impugned order has been passed. Therefore, it is contended that there is no violation of principles of natural justice. It is further submitted that it is false to state that the petitioners are cultivating tenants and contributing physical labour when infact the petitioners are wealthy persons owning cultivable lands and employing labourers for doing cultivation in their own lands. It is further submitted that the possession of the lands have been taken over and it is going to be utilised for construction of Government ITI and Polytechnic for the benefit of the Adi Dravida student and it is false to state that the petitioners are in possession of the lands.