An advocate has moved the Madurai Bench of the Madras High Court challenging a government order and a subsequent amendment made to the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Rules. It violates the basic objectives that were envisaged in the Tamil Nadu Land Ceiling Act, he contended.
The petitioner, M. Suresh of Tirunelveli said the Act was enacted with the social objective of distributing land to landless persons and paved the way for equitable distribution among the citizens. However, the government order destroys the general provisions of the Act, he said.
It dilutes the power vested with the Authorising Officers who, under the Act, have the power to declare the illegal holding of lands by any person over the ceiling limit, as per the Act. As per the government order, the parameters fixed for consideration before granting permission for the selling of excess land were also vague, he said.
The government order cannot supersede the Act, the petitioner said and sought the quashing of the GO and the amendment made to the Rules. A Division Bench of Justices M.M. Sundresh and S. Ananthi observed that any action pursuant to the GO would be subject to the result of the petition.
