STATE OF MADRAS Vs. V SRINIVASA AYYANGAR

JUDGEMENT

(1.) This appeal raises a question of considerable importance as to the rights of holders of darmila or post-settlement inams of portions of a village under the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Madras Act 26 of 1948), hereinafter referred to as the Act. The subject matter of this appeal is an one-sixteenth share in the village of Karuppur situated within the ambit of the Zamindari of Ramanathapuram. The holders of this anicent Zamindari were, during the 18th Century, the vitual rulers of that part of South India, and were known as 'Sethupathis' or the Lords of Rameswaram and the adjacent isles and seas. In 1757 Muthu Vijaya Raghunatha, the then Rajah of Ramanathapuram, made a grant of the whole of the village of Karuppur to a number of persons for various charitable purposes. In 1802, the estate was permanently settled, and an istimrari sanand was issued in favour of the Rajah. Before that date, the donees under the grant of 175 representing an one-sixteenth share had abandoned the village, and in consequence, the inam had 'eo extanti' been resumed. At the permanent settlement, this one-sixteenth part was included in the assets of the Zamindari, and taken into account in fixing the peishkush thereon. Subsequent to the permanent settlement, on some date which does not appear on the record, Rani Mangaleswari, the then holder of the Zamindari made a fresh grant of the one-sixteenth part which had been resumed, to the inamdars who held the remaining 15/16th portion of the village under the grant of 1757. On 31-12-1863 the Inam Commissioner confirmed the grant of 1757,and issued an inam certificate in respect of the 15/16th portion of the village. The position, therefore, when the Act was passed was that while a 15/16th portion was held by the inamdars under a pre-settlement grant confirmed by the British Government, the remaining one-sixteenth portion was held under post-settlement grant made by the proprietor of the estate.

(2.) The Act came into force on 19-4-1949. Under S. 1(4) of the Act, certain sections thereof were to come into force at once and the other sections on such date as the Government might by notification appoint in respect of any zamindari, under-tenure, or inam estate. In exercise of the powers conferred by this section, the appellant issued a notification on 22-8-1949 bringing the Act into force as regards the Ramanathapuram estate from 7-9-1949.

(3.) The respondent who represents the holders of this inam filed the application out of which the present appeal arises under Art. 226 of the Constitution for a writ of 'centiorari' quashing the notification dated 22-8-1949 as 'ultra vires'. The ground of attack was that under S.1(3) of the Act, the State had power to notify only what would be estates as defined in S. 3(2) of the Madras Estates Land Act, 1908 (Madras Act 1 of 1908), and that the part of village of Karuppur included in the notification was not an estate as defined in that section. Section 3(2) of Act 1 of 1908, so far as is material, is as follows: