K. SOMASUNDARAM Vs. STATE OF MADRAS

JUDGEMENT

(1.) C .M.P. No. 2615 of 1951 and 13245 of 1950: These petitions are for issue of writs of certiorari and they arise out of proceedings taken under the Madras Estates (Abolition and Conversion into Ryotwari) Act 26 of 1948. In C.M.P. No. 2615 of 1951 the village of Sudiyur in the Paramakudi taluk of the Ramanathapuram District has been declared to be an Inam Estate under Act 26 of 1948. The contention of the petitioners is that it is not an inam estate and the Government has no jurisdiction to apply the provisions of the Act to the said village. From the Inam Fair Register (Ex. A. 1) it will be seen that the entire village of Sudiyur was granted originally as Dharmasanam inam in 1774. In 1794 one Marudu Servakaran the then Dewan of Sivaganga purchased a portion, that is, 11 1/2 vritties, and granted it for the support of Sudiyur chatram. A portion of the village was therefore owned as Dharmasanam and the remaining extent was owned by the chatram. At the time of the Inam settlement, two title deeds were issued one for the Dharmasanam portion and the other for the chatram portion to two different persons and for two different purposes. The total extent of the village being 723 -63 acres, an extent of 210 -56 acres was reserved for communal purposes and a further extent of 4 -16 acres was already granted as minor service inam. The remaining extent of 503 -94 acres was originally granted as Dharmasanam inam. At the time of the confirmation in view of the subsequent purchase and re -grant to the Sudiyur chatram, out of 508 -94 acres, 398 -48 acres was confirmed as belonging to Dharmasanam inamdars, 76 -85 acres for the chatram and the balance of 33 -61 acres was shown as belonging to the chatram, but enjoyed as Dharmasanam. On these facts, both the Inam Settlement Officer and the Estates Abolition Tribunal held that theoriginal grant being of a whole village, the confirmation when it recognised the title of the Dharmasanamdars to the portion owned by them, was of the whole village and that therefore it was an inam estate.

(2.) IN C.M.P. No. 13245 of 1950, the entire village of Perungarai, Paramakudi taluk was granted as Dharinasanam. From the Inam Pair Register, which refers to the copper plate patta of the village, it is found that the Mahajanams said at the time of the Inam. Settlement that the Zamindar had arbitrarily resumed a portion of the inam, kept it in his possession, granted a part of the resumed portion in support of the Sudiyur chatram and granted the remaining portion to one Muthukakkan as personal inam. The Inam Commissioner found at the time of the inam settlement that the portion held by the chatram was three shares and that the remaining two shares continued as Dharmasanam. In the extract from the inam register, it is found in column 14 that the extent of the Dharmasanam was 512 -99 acres and of the chatram was 21 -00 acres. It may be noted that in arriving at 512 -99 acres it is mentioned as Dharmasanam Perungarai area minus chatram lands, and while arriving at 21 acres, it is mentioned Sudiyur chatram minus Dharmasanam lands. In columns 15, 17, 18 and 19 the names of 41 individuals are mentioned as shareholders and the members of the different families, who are entitled to the Dharmasanam, are given. In columns 21 and 22 separate quit rents for the Dharmasanam and the chatram are fixed.

(3.) IT is therefore for determination whether the Dharmasanam grants of Sudiyur and Perungarai villages are inam estates as denned in Section 2 Clause (7) of Act 26 of 1948. 'Inam estate' is defined in the said Act 'as an estate within the meaning of Section 3 Clause (2) (d) of the Estates Land Act, taut does not include an inam village which became an estate by virtue of the Madras Estates Land (Third Amendment) Act, 1936.' Section 3, Clause (2) (d) of the Madras Estates Land Act comprises within the term 'estate'.