UMMAL SAHIDA AMMAL Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THIS Writ Appeal arises out of the order of learned single Judge in W.P.No.11387 of 1991 whereby the learned single Judge declined to quash the Proceedings of the 3rd Respondent-Settlement Officer dated 26.08.1978 and dismissing the Writ Petition on the ground of laches.

(2.) BRIEF facts are that No.259, Kallivayalthottam village, Pattukottai taluk was notified and taken over on 16.1.1968 and ryotwari settlement was introduced in Fasli 1380 under Act 26/1963. Suit R.S.No.44/2 measuring an extent of 0.25 cents was ordered to be vested in the name of the Appellant under Sec.15(4) of the Act 26/1963 by the Settlement Tahsildar (SE), Thanjavur in his RP 479/IA/PKT/69 dated 31.3.1969. According to the remarks of the Field Staff in SPL Account, the suit R.S.No.44/2 was noted as 'tank' on ground. Then the Assistant Settlement Officer said to have inspected the land on 30.12.1970 and observed that it was 'tank' on ground in public use and transferred it as 'tank poramboke'.

(3.) APPELLANT had earlier filed W.P.No.5802 of 1983 for declaration that Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari Act) Amended Act 2/76 is void and unconstitutional. In the said Writ Petition, amendment was sought for to quash the Proceedings of the 3rd Respondent in SR.No.3/11A Revenue PKT 78 dated 26.08.1978. Later, the said W.P.No.5802/1983 was withdrawn. Thereafter, APPELLANT had filed W.P.No.11387/1991 seeking for Certiorarified Mandamus to quash the Proceedings of the 3rd Respondent in SR.No.3/11A Revenue PKT 78 dated 26.08.1978. Pointing out that nearly 13 years after the impugned Proceedings, the APPELLANT had come forward with the Writ Petition seeking to quash the same, the learned single Judge dismissed the Writ Petition mainly on the ground of laches.