Writ Petition No. 2872 of 1972
The High Court of Judicature at Madras, through the Honourable Mr. Justice Sathidev, issued its order in Writ Petition No. 2872 of 1972 on 6 November 1978, dismissing S. Somasundara Moopanar's challenge to the Land Commissioner, Board of Revenue (Land Reforms), order in R.P. 4 of 1972 dated 23 August 1972. The dispute concerned 0.64 cents in R.S. No. 283/1 of Sarukkai Village, which had been declared surplus, taken into government possession and assigned to another person.
What the case concerned
Writ Petition No. 2872 of 1972 concerned 0.64 cents in R.S. No. 283/1 of Sarukkai Village. The land had been declared surplus and was taken into government possession on 12 April 1966.
The District Revenue Officer, Thanjavur, initially assigned the land to V. Pandurangam, the third respondent. S. Somasundara Moopanar challenged that assignment and claimed that he had been a cultivating tenant on 6 April 1960.
Proceedings recorded by the court
The High Court of Judicature at Madras recorded the following history:
- S. Somasundara Moopanar appealed against the initial assignment to the Land Commissioner, Board of Revenue (Land Reforms).
- The Land Commissioner ordered a fresh enquiry and disposal on 10 March 1970.
- The Authorised Officer decided in favour of S. Somasundara Moopanar on 25 September 1970.
- V. Pandurangam was aggrieved by that decision.
- S. Somasundara Moopanar later asked the High Court to cancel the Land Commissioner, Board of Revenue (Land Reforms), decision in R.P. 4 of 1972 dated 23 August 1972.
Ammuni was brought on record as the legal representative of the deceased third respondent under a court order dated 20 November 1973.
Why the petition was dismissed
The High Court of Judicature at Madras found that the authorities had considered the available records. It accepted their conclusion that S. Somasundara Moopanar's claim to have been a cultivating tenant on 6 April 1960 could not be believed.
The court noted that the landholder had claimed that the property was under Pannai cultivation and that sufficient material supported that claim. It also held that the matter should not be reopened merely because the decision did not specifically refer to the adangal records.
The writ petition was dismissed, with no order as to costs.
Who may be affected
Writ Petition No. 2872 of 1972 directly concerns the parties and the identified land in R.S. No. 283/1 of Sarukkai Village. A buyer, owner or professional examining that survey number may need to note the surplus declaration, government possession, assignment history and rejection of the petitioner's cultivating tenant claim.
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Common questions
Which land was involved in Writ Petition No. 2872 of 1972?
The case concerned 0.64 cents in R.S. No. 283/1 of Sarukkai Village.
Had the government already taken possession of the land?
Yes. The judgment records that the land had been declared surplus and taken into government possession on 12 April 1966.
Did the High Court accept the petitioner's cultivating tenant claim?
No. The High Court accepted the authorities' conclusion that the claim of cultivating tenancy on 6 April 1960 could not be believed.
What was the final result of the case?
The High Court of Judicature at Madras dismissed Writ Petition No. 2872 of 1972 and made no order as to costs.
