IDOL OF SRI KAMAKSHIAMMAN AT KANCHEE PURAM Vs. SPECIAL COMMISSIONER AND COMMISSIONER OF LAND ADMINISTRATION CHEPAUK MADRAS

JUDGEMENT

(1.) THE writ petition is for the issue of writ of Certiorari to call for the records of the first respondent herein relating to his proceedings CLA.D. Dis. (K) R.P. 64/1982 and quash the order dated 13.2.1990.

(2.) THE petitioner herein is the idol of Sri Kamakshiamman of Kancheepuram represented by the Executive Officer. THE case of the petitioner is that the petitioner has been endowed among other properties an extent of 0.4439 sq.ft. of land in T.S. No. 625/1 and 0.3812 sq ft. in T.S. No. 625/2 Kancheepuram Town and Taluk. Chengai Anna District. THE Settlement Tahsildar III Chengalpattu granted to the petitioner herein ground rent patta under Section 13(1) of the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 1963 (Tamil Nadu Act 30 of 1963). THE second respondent filed a revision petition against the orders of the Settlement Tahsildar III Chengalpattu granting patta to the petitioner. THE revision petition was filed before the Assistant Settlement Officer. Villupuram. THE Assistant Settlement Officer rejected the same as belated as the petition had been filed after a lapse of more than 12 years from the date of the order of the Settlement Tahsildar. As against the said orders of the Assistant Settlement Officer, the second respondent herein filed a revision petition before the Settlement Officer, Thanjavur with a delay of four days in preferring the said revision petition. THE Settlement Officer, Thanjavur, by his order dated 3.8.1982 set aside the order of dismissal passed by the Assistant Settlement Officer and also the order of the Settlement Tashildar, granting ground rent patta to the petitioner herein. THE Settlement Officer further ordered that the land in question be vested with the Government under Section 3 (b) of the Act. As against the order dated 3.8.1982 of the Settlement Officer, Thanjavur the petitioner herein filed a revision petition before the first respondent Special Commissioner and Commissioner of Land Administration. Chepauk, Madras. THE first respondent by this order dated 13.2.1990 in CLA.D. Dis.(K) R.P. 64/1982 dismissed the same. THE said order of the first respondent is impugned in this writ petition.

(3.) AS per the provisions of Section 3(b) of the Act stated above every minor inam including all communal lands and porambokes, waste lands, pasture lands, forests, mines and minerals, quarries, rivers and streams, tanks and ooranies including private tanks and orranies and irrigation works, fisheries and ferries, situated within the boundaries thereof, shall stand transferred to the Government and vest in them free of all encumbrances. AS the land in question is an Inam land, it stood transferred to the Government and vested in them.