Document Fragment View
Fragment Information
Showing contexts for: ex serviceman in T.Mariammal vs The Government Of Tamil Nadu on 28 August, 2012Matching Fragments
3. According to the petitioner, her husband was an ex-serviceman. He met with an accident, while he was in service and discharged from the army in the year 1947. He died in the year 1954. After his demise, the petitioner and her son were put to hardship The petitioner belongs to Scheduled Caste community and that she is a landless poor and illiterate person. She made an application to the revenue authorities for assignment of land, as per G.O.Ms.No.1750, dated 13.5.1963.
4. The petitioner has further submitted that the lands measuring 3 acres and 37 cents in S.No.226/2A, 265/2 and 265/6 situate in Avaniapuram Vilalge, Madurai South Taluk, Madurai District was allotted to her in the year 1966. According to her, the land was measured and possession was handed over by the revenue and panchayat officials. She has paid necessary charges for measuring lands in S.No. 265/2, 265/6B in challan No.9214, dated 23.1.1967 and for surveying land in S.No.266/2A also. The petitioner has further submitted that she made a representation, dated 13.6.1996 to the District Collector, Madurai District,the third respondent herein, to issue patta for the abovesaid lands. A reply dated 30.1.1996 was given to her stating that Tahsildar, Madurai South Taluk, Madurai/6th respondent herein has taken steps on the representation. Thereafter, the Tahsildar vide proceedings in Ref.No.6696/87-C2, dated 6.7.1987 has addressed a communication to the Town panchayat and sought for its recommendation on the representation of the petitioner. By proceedings dated 13.7.1987 in Reference No.635,/87/Aa2, a report along with a resolution No.232 dated 10.07.19087 has been submitted to the Tahsildar, Madurai South, Madurai District, by the Town panchayat, after measuring the property with the help of a surveyor. Public opinion was also obtained regarding assignment of land to the petitioner.
6. Assailing the correctness of the orders Mr.R.Vijayakumar, learned counsel for the petitioner submitted that first of all, the respondents have failed to consider that the petitioner belongs to Scheduled Caste community and that she is a widow of an ex-serviceman. According to him, she being landless and a widow of ex-serviceman is entitled to seek for assignment of land as per G.O.Ms.1750, dated 13.5.1963. In this context, the learned counsel for the petitioner invited the attention of this Court, to the contents of the said Government order and stressed the object behind it.
9. Inviting the attention of this Court to the proceedings in R.C.No. J1/5087/97, dated 24.3.1999, the District Collector Madurai in R.C.No.803./95/C2, of the Tahsildar, Madurai South, Madurai,learned counsel for the petitioner submitted that till 1998, the subject lands in S.No.265/2, 265/6B and 226/2A were not included in the village accounts or in the prohibitory book. Earlier, after considering the continuous, uninterrupted possession and enjoyment of the lands by the petitioner and taking into consideration the the status of the petitioner, a landless poor widow of an ex- serviceman, the revenue authorities have decided to assign the lands on collection of appropriate market value. Subsequently, they have included the subject lands stating that they are valuable and required in future. Learned counsel for the petitioner submitted that the impugned orders do not contain any details, as to how the said authorities have suddenly arrived at a conclusion that the lands are prohibitory and required for future use.
Recommendation (iii) in para 1 above:- The Government consider that if the maximum extent to be assigned is fixed at 10 acres of dry or 5 acres of wet, there will not be enough lands to go round. They accordingly direct any lands be assigned the maximum extent of 5 acres of dry or 2-1/2 acres of wet and that those who possess extent of lands below 5 acres of dry or 2-1/2 acres of wet, be assigned that extent of land necessary to make the total of 5 acres of dry or 2- 1/2 acres of wet.
Recommendation (iv) in para 1 above:- The Government consider that a certificate is necessary to prove whether a person is a bona fide serviceman or ex-serviceman eligible to get lands on assignment. They accordingly consider only on production of a certificate from the head of the department concerned or the Indian Soldiers' Board as the case may be.