The writ appeal preferred by the Land Commissioner and the Authorised Officer Land Reforms against the said judgment was dismissed by a Division Bench on 13.2.1997.
R. Vivekananda Reddiar preferred a revision petition under Section 82 of the Act, which was dismissed by the Land Commissioner vide order dated 7.5.1981 on the finding that the family companysisted of six members and the respondent, Rajeswari, was holding more than 5 standard acres of land and, therefore, she was number to be companysidered as a member of the family in view of Section 5 4 b i of the Act.
The Authorised Officer declared 3.06 standard acres of land as surplus and a final statement was published in the Gazette on 13.8.1980.
The family companysisted of husband, wife and four children and in numbermal companyrse the ceiling limit would be 20 standard acres but as Rajeswari had in her own right stridhana land in excess of 5 standard acres, therefore, by virtue of Section 5 4 b i of the Act, she shall number be deemed to be a member of the family and, therefore, she had to be excluded from companysideration.
The respondent Rajeswari preferred a writ petition under Article 226 of the Constitution before Madras High Court challenging the judgment and order of the Land Commissioner by which the final statement published in the Gazette was affirmed.
Proceedings under Tamil Nadu Land Reforms Fixation of Ceiling on Land Act, 1961 hereinafter referred to as the Act were initiated against Vivekananda Reddiar, who is the husband of the respondent, Rajeswari.
JUDGMENT P. Mathur, J. This appeal by special leave has been filed by the Land Commissioner, Madras Anr.
challenging the judgment and order dated 13.2.1997 of a Division Bench of Madras High Court by which the writ appeal filed by the appellants was dismissed and the judgment and order dated 15.11.1989 of a learned Single Judge passed in favour of the respondent was affirmed.
The writ petition was allowed by a learned Single Judge on 15.11.1989 and the order declaring 3.06 standard acres of land as surplus was quashed.
