KUTTIKRISHNAN NAIR Vs. STATE OF MADRAS

JUDGEMENT

(1.) This appeal is by the writ petitioner, whose prayer to vacate the orders by the Board of Revenue, dated Madras, November 23, 1955, and by the Government of Madras dated April 24, 1956, has been disallowed by a learned Judge of this Court. The circumstances culminating in the writ petition, can be briefly stated.

(2.) The office of the Headman and Village Munsiff of Sivapuram Amsom had to be filled, which the appellant had also applied to be nominated to, on the grounds of his being the nephew of the last incumbent and of his having other necessary prescribed qualifications. He had further claimed to have, some time earlier, acted as Adhikari to be a permanent resident of the Amsom, and to be paying land revenue. Others had applied as well, including the 3rd respondent to this appeal; and the appointing authority, the Revenue Divisional Officer, Kozhikode, selected the appellant to be the Adhikari, by order of January 23, 1955. The other claimants appealed, and the Appellate authority, the Collector of Malabar, had, by his order dated April 19,1955, confirmed the appointment. The 3rd respondent pressed his claim before the Board of Revenue, and his petition for this purpose was filed on July 18, 1955.

(3.) It is common ground now that both the appointment as well as the conferment orders, were not covered by the Madras Hereditary Village Officers Act, 3 of 1895, though the writ petition had originally claimed them to be so governed, and that the appellate order was covered by the Board's Standing O.156(3). It is further admitted that at the time the revision petition against the appellate order was filed, there were no provisions authorising such a revision to the Board. Provisions later, under B. S. O. 156A, had been made through the notification of October 10, 1955. We would quote the whole of the new Order. The order reads thus :