S THENAPPA CHETTIAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) These two appeals filed under Article 133(1)(c) of the Constitution of India, as it stood when they were instituted, are filed against the common judgment dated August 6, 1971 of the High Court of Madras in Writ Petition No. 180 of 1970 and Writ Petition No. 214 of 1970 dismissing the writ petitions. In the said writ petitions along with some others the appellants questioned the constitutional validity of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Amendment Act. 1969 (Act No. 23 of 1969) (hereinafter referred to as 'the impugned Act') by which certain lands held by each of them had been treated as falling within the scope of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963 (Act 26 of 1963) thereinafter referred to as 'Act 26 of 1963), The appellants in Civil Appeal No. 1055, of 1972 S. Thenappa Chettiar and others were interested in the lands (both wet and dry) measuring altogether 77.23 acres situated at Varpet Village, Tirumayam Taluk, Tiruchirapalli District covered by Title Deeds Nos. 7909 to 7979, 8310 to 8312, 8315, 8316, 9209, 9618 to 9623, 9519, 9795 and 9796 and the appellants in Civil Appeal No. 1056 of 1972 were interested in the lands (both wet and dry) measuring altogether about 300 acres situated at Gudalur Village, Kolathur Taluk Tiruchirapalli District covered by Title Deeds Nos. 8005 to 8023 and 9447. These lands were situated in the area which formerly formed part of the Pudukottai State which later on was merged in the Indian Union with effect from March 3, 1948 as a result of which it became part of Madras Province. In the Province of Madras the question of agrarian reform was taken up for consideration seriously first in the year 1937. The Madras Government appointed a committed headed by Shri T. Prakasam to enquire into and to report on the conditions which prevailed in the zamindari and other proprietary areas in the Province. That committee submitted its report along with a draft bill on the lines of its recommendations. No action could be taken on that report as the Congress Ministry which had appointed, the committee resigned, Then in the year 1948 the Madras Estates (Abolition and Conversion into Ryotwari) Act. 1948 (Madras Act 26 of 1948) was passed by the Madras Legislature. The said Act applied to all estates namely, zamindaris under tenures and inam estates as defined in section 3, clause (2) of the Madras Estates Land Act, 1908 except inam villages which became estates by virtue of the Madras Estates Land (Third Amendment) Act, 1936. The said Act was intended to provide for the repeal of the permanent settlement, the acquisition of the rights of the land-holders in permanently settled and certain other estates in the Province of Madras and the introduction of the ryotwari settlements in such estates. Thereafter for the purpose of completing the process of the agrarian reform initiated by the said Act of 1948, Act 26 of 1963 referred to above was passed. Act 26 of 1963 provided for the acquisition of all rights of the land-holders in inam estates in the State of Tamil Nadu and the introduction of the ryotwari settlements in such estates. The estates to which this Act was applicable were of two kinds; (i) existing inam estates; and (ii) new inam estates. The existing inam estates were inam villages which became estates by virtue of the Madras Estates Land (Third Amendment) Act, 1936. They were whole villages. 'The new inam estate which was a new nomenclature evolved for the purpose of this Act, meant a part village inam. estate or a Pudukkottai Inam Estate as defined in section 2(14) of that Act. Then came the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 (Act 30 of 1963) (hereinafter referred to as' Act 30 of 1963'). Act 30 of 1963 provided for the acquisition of rights of inamdars of minor inams in the State of Madras and the introduction of ryotwari settlements in such inams. This was followed by the Tamil Nadu Inams (Supplementary) Act (Act 31 of 1963) (hereinafter referred to as 'Act 31 of 1963') providing the machinery for the determination of the questions whether any non-ryotwari area in the State of Tamil Nadu was or was not an existing inam estate, a part village inam estate, a minor inam or whole inam village in Pudukottai. The appellants and other persons who were similarly situated made applications for the grant of ryotwari pattas in respect of such lands which they claimed to be in their possession on the basis that their lands were covered. by Act 30 of 1963. In some cases it appears ryotwari pattas were issued and in some other cases the proceedings were still pending. At that time the Government of Tamil Nadu on the representation made by the ryots of Pudukottai area appointed a Special Officer for the purpose of investigating into the character of the lands held as Inams in the Pudukottai area. The Special Officer on examination recommended that 116 part inam villages should be brought within the purview of Act 26 of 1963. It may be mentioned here that the lands of the appellants had not been brought within the scope of Act 26 of 1963 when it was enacted. Accepting the recommendation, the Act (which is an amending Act) which is impugned in these proceedings was passed in the year 1969. The Statement of Objects and Reasons accompanying the Bill which ultimately became the impugned Act read as follows:-

(2.) By section 2 of the impugned Act section 1 of Act 26 of 1963 was amended by adding sub-section (7) thereto which read as follows:-

(3.) The impugned Act also introduced a new section 73-B Act 26 of 1963 which read as follows:-