K GOPALACHARI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS batch of writ petitions relate to the validity of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Amendment Act 23 of 1969. The allegations in each of these writ petitions are almost the same and for the sake of convenience we set out the allegations in W. P. 6 of 1970. The petitioners owns in perungudi vattam. Thirumayam taluk Pudukottai Division. Tiruchirapalli Dt. Punja and nanja lands of an extent of 25 acres known as Kadayakudi alias Vichitraraya raghunathasamudram. These lands were acquired by the joint family of which the petitioner was a member by purchase from the alienees of the original inamdars or their descendants. The petitioner got the above lands for his share at the partition in the joint family.

(2.) IN the year 1888 Pudukottai Darbar framed rules for the settlement of inams known as pudukottai Inam Settlement Rules. 1888 similar to the Madras Inam settlement Rules. 1859. Under the said Pudukottai Inam Rules, Inams were converted into assessed lands on enfranchisement and permanent pattas were issued in respect of such lands. The prescribed assessment was payable to the government direct and not through any intermediary. The petitioner's inam lands having thus been enfranchised, the petitioner was paying the assessment thereon the Government. The petitioner's contention is that these lands are ordinary freehold lands. While so, the pudukottai (Settlement of Inams) Act, 23 of 1955 was passed to provide for the settlement of inams in the merged territory of pudukottai in the State of Madras, Under Section 2 of the Act, all the inams in the merged territory of Pudukottai which were granted, confirmed or recognised by which have continued as inam upto the commencement of the Act, have been recognised and confirmed as inams by the State Government. Section 3 provides that all lands held on inam tenure at the commencement of the Act in the merged territory of Pudukottai shall be settled in accordance with the principles laid down in the rules and orders contained in the Standing Orders of the Board of Revenue for the time being applicable to the settlement of inams in the rest of the Madras state. Subsequently, the Madras State levied full assessment on all lands in the merged territory and the petitioners' lands also became fully assessed. In 1963, three enactments namely, the Madras Inams Estates (Abolition and Conversion into Ryotwari) Act, Act 26 of 1963 the Madras Minor Inams (Abolition and conversion into Ryotwari) Act, Act 30 of 1963 and the Madras Inams (Supplementary) Act. Act 31 of 1963, were passed. Act 26 of 1963 provides for the acquisition of the rights of landholders in inam estates in the State of Madras. Act 30 of 1963 provides for the acquisition of the rights of inamdars in minor inams in the State of Madras and the introduction of ryotwari settlement in such inams. Act 31 of 1963 provides for the determination of questions whether any non-ryotwari area in the State of Madras is or is not an existing inam estate, a part village inam estate, a minor inam or whole inam village in Pudukottai,. The petitioner and persons similarly situated like him made applications for the grant of ryotwari pattas in respect of such lands which they claimed to be in their possession. In some cases ryotwari patts were issued and in other cases proceedings were pending. While so on the representation by ryots of the pudukottai area, the State of Madras appointed a Special Officer with a view to make an investigation into the character of lands held as inams in the Pudukottai territory. The Special Officer on examination recommended 116 part inam villages to be brought within the purview of the Tamil Nadu Inam Estates (Abolition and conversion into Ryotwari) Act, Act 26 of 1963. Accepting the recommendation, the tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Amendment act, Act 23 of 1969 was passed. The aforesaid Act received the assent of the president on 14-11-1969 and it was published in the Fort St. George Gazette on 21-11-1969.

(3.) IN the present batch of writ petitions the petitioners seek to attack the validity of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari)Amendment Act. Act 23 of 1969 on the following grounds: (1) The Pudukottai inam estate having vested in the Government, on enfranchisement it was no longer an estate on 16-2-1963. when Madras Act 26 of 1963 as modified by the impugned Act is inapplicable to such lands (2) In the guise of an amendment the impugned law really takes away the benefit which already accrued to the petitioner under Madras Act 30 of 1963 and it is thus a legislative device to deprive the inamdar of his right to get a patta under madras Act 30 of 1963 and the impugned law is a piece of colourable legislation offending the petitioner's fundamental rights under Arts. 19 and 31 of the Constitution. (3) The impugned enactment in unconstitutional, as there is no public purpose to warrant the enactment; nor does it satisfy the requirements of Art. 31 (2) of the Constitution (4)The impugned law not being a law for acquisition of land by the State or acquisition by the State of any estate of any rights therein on the extinguishment or modification of any such rights, Art. 31-A of the Constitution has no application.