MANALI RAMAKRISHNA MUDALIAR Vs. STATE OF MADRAS

JUDGEMENT

(1.) This appeal on certificate, issued under Articles 132 (1) and 133 (1) (a) and (c) is directed against the judgment and order dated June 24, 1966 of the Madras High Court in Writ Petition No. 1958 of 1965.

(2.) The Madras Lease-holds (Abolition and Conversion into Ryotwari) Act, 1963 (Madras Act 27 of 1963), hereinafter to be referred as the Act, received the assent of the President on December 12, 1963 and was Published in the Gazette on January 1, 1964. The Act extends to the lease-holds specified in the schedule to the Act. In exercise of the powers under Section 1 (3) of the Act, the State of Madras in G. O. Press No. 311, Revenue. dated February 9, 1965 notified that the Act shall come into force on February 15, 1965. Under Section 4 of the Act with effect on and from the appointed day, namely, February 15, 1965, the lease of every lease-hold shall cease and every lease-holds including all communal lands and parambokes, etc. stood transferred and vested in the Government free of all encumbrances. The Madras Irrigation Cess Act and all other enactments applicable to Ryotwari lands were also to apply to the leasehold. The expression "leasehold" was defined as any village specified in the first Schedule. Under Section 9, on and from the appointed day, every ryot was entitled to ryotwari patta in respect of all his owned lands and the lessee was also entitled to a ryotwari patta in respect of his owned lands. A "lessee" was defined in the Act as a person to whom the lease was granted by the Government and included his heirs, legal representatives and assigns. Grant Lyon in Saidapet taluk of Chingleput district was one of the leasehold villages specified in the first Schedule to the Act and as such on and from February 15, 1965 it stood transferred to the Government and vested in them free from all encumbrances as provided under Sec. 4 of the Act. The Tahsildar, Saidapet, issued a notice to the appellant on April 9, 1965 calling upon him to keep ready all documents, accounts, registers, pattas, muchilikas, etc. relating to the leasehold in respect of Grant Lyon in Saidapet taluk .The notice also mentioned that the Tahsildar will take possession of those items on April 17, 1965.

(3.) On receipt of the notice on Apri1 20, 1965, issued by the Tahsildar, the appellant filed the writ petition in the Madras High Court praying for the issue of a writ of certiorari to quash the notification of the Government of Madras G. O. Press No. 311, Revenue, dated February 9, 1965 on the ground that the provisions of the Act are illegal and unconstitutional. The appellant also prayed for an order restraining the State of Madras and its officers from giving effect to the provisions of the Act and the notification issued thereunder relating to Grant Lyon village.