Writ Petition No. 7221 of 1975 and 443 of 1976
The High Court of Judicature at Madras made the order dated 13 March 1978 in Writ Petition Number 7221 of 1975 and Writ Petition Number 443 of 1976, concerning a challenge to a surplus land assignment by the Land Commissioner, Board of Revenue (Land Reforms). The court held that a revision to the Government was available under Section 11(4) of the Madras Land Reforms (Disposal of Surplus Land) Rules, 1965, and that the writ petitions could not continue before that remedy was used. The petitions therefore abated, but the period during which they were pending was excluded when calculating the time limit for revision.
What the court considered
The High Court of Judicature at Madras considered two petitions filed by S. Veerana Pillai against the Land Commissioner, Board of Revenue (Land Reforms), the Authorised Officer (Land Reforms), Madurai, and Chellamani.
The petitions concerned the Land Commissioner proceeding Board's F3/R.P.100/74 dated 6 September 1975. The disputed land measured 2.30 acres and was located in Survey Numbers 152/1, 152/3 and 155/1 in Veppadappu Village, Melur Taluk, Madurai District.
The petitioner sought:
- In Writ Petition Number 7221 of 1975, cancellation of the Land Commissioner's proceeding dated 6 September 1975.
- In Writ Petition Number 443 of 1976, a direction requiring the Land Commissioner, Board of Revenue (Land Reforms), to assign the 2.30 acres to the petitioner instead of the third respondent, Chellamani.
What the court decided
The High Court of Judicature at Madras did not decide whether the disputed land should be assigned to S. Veerana Pillai or Chellamani. It found that a revision against the Land Commissioner's decision was available to the Government under Section 11(4) of the Madras Land Reforms (Disposal of Surplus Land) Rules, 1965.
The court stated that the writ petitions could not be maintained without first using that revision remedy. It therefore held that both petitions abated under Section 58(2) of the 42nd Amendment of the Constitution of India.
The court also protected the petitioner's ability to seek revision by directing that the time spent while the writ petitions were pending must be left out when calculating the limitation period for filing revision petitions.
Who is affected
The order dated 13 March 1978 directly concerns the petitioner, the land reform authorities, Chellamani and the specified 2.30 acres in Veppadappu Village. It does not itself cancel the Land Commissioner's assignment or direct a new assignment. Its practical effect is to require the dispute to be taken to the Government through revision before seeking relief through these writ petitions.
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Common questions
Did the High Court assign the 2.30 acres to S. Veerana Pillai?
No. The High Court of Judicature at Madras did not decide who should receive the land and did not direct assignment to the petitioner.
Why did the writ petitions abate?
The court found that a revision to the Government was available under Section 11(4) of the Madras Land Reforms (Disposal of Surplus Land) Rules, 1965. The petitioner had not first used that remedy.
Could the petitioner still file a revision after the court order?
The court stated that the period during which the writ petitions were pending would be excluded when calculating the limitation period for filing revision petitions.
Which property was involved in the dispute?
The dispute concerned 2.30 acres in Survey Numbers 152/1, 152/3 and 155/1 in Veppadappu Village, Melur Taluk, Madurai District.
