T KRISHNARAJ Vs. LAND COMMISSIONER

JUDGEMENT

(1.) An extent of 19.26 acres of land in Ranganathapuram Village was purchased in the name of the petitioner by the mother, when he was minor, on 27.6.1973. That land was purchased from one Kondappa Naidu,who owned 49.61 acres of land and at the time when the lands were purchased, there were proceedings initiated and pending against the said Kondappa Naidu under the Tamil Nadu Land Reforms (Reduction & Ceiling) of Land Act (hereinafter called as 'the Act'), which came into force with effect from 15.2.1970. A draft notification was also issued under Section 10(1) on 5.3.1975, of course, against the erst while vendor. A final statement dated 13.8.1975 was also made under Section 12 of the Act.

(2.) Subsequently, one Kamalammal,who has also purchased certain extent of land from the very same Kondappa Naidu,filed a revision petition before the Commissioner and ultimately, the said revision petition was allowed. As far as the petitioner is concerned, a final statement under Section 18(1) was published on 4.10.1989, wherein 28 items out of 40 purchased by the petitioner, were included and declared as surplus.

(3.) On attaining majority, the petitioner had preferred a revision petition on 18.7.1990 in R.P. No. 49 of 1990 before the Commissioner, which was dismissed. Thereafter, he filed a writ petition in W.P. No. 15843 of 1990 questioning that order in the revision. While the writ petition was pending, the Land Reforms Special Appellate Tribunal was established and as a consequence, the writ petition was transferred to the said Tribunal and the same was re-numbered in T.R.P. No. 575 of 1991.