ISACC JUDSEN Vs. UNION TERRITORY OF PONDICHERRY

JUDGEMENT

(1.) The former writ petition is for issue a writ of mandamus directing the respondents to hand over the treasures set out in the petition or to pay just compensation to the petitioner under the provisions of the Indian Treasure Trove Act, 1878. The latter writ petition is to issue a writ of certiorarified mandamus calling for the records relating to the proceedings of the second respondent namely, the Deputy Collector (Revenue), Pondicherry, in No. 2207/A4/84, dated 15-6-90 and to quash the same and direct the respondents to hand over the treasure to the petitioner.

(2.) Facts leading to the filing of the two writ petitions are as follows :- The petitioner was employed as Bulldozer Operator in the Agricultural Department of Pondichery. On 1-12-1971 during the levelling operation of the land bearing S. No. 31/1/2 of Sialam Village, the petitioner found 6 idols hiding in the land belonging to one Varada Reddiar, Thirupuvanai. The Deputy Collector (Revenue), Pondicherry, as Collector under the Indian Treasure Trove Act, 1878, has published a notification in the Gazette on 30-6-1972 calling upon all the persons who are claiming the treasure, or any part thereof, to appear before him on 20-12-1972 and put forward their claims, if any, as provided under Sec. 5(a) of the Indian Treasure Trove Act, 1878. Pursuant to the notification, enquiry was conducted from 13-12-1972 to 22-12-1972. The statements of the petitioner as well as the owner of the land namely, Varada Reddiar were recorded. The Collector by order dated 2-3-1972 declared that there was nothing to show that the treasure was hidden by any one within 100 years before the date of finding and also declared the treasure as ownerless under Sec.9 of the Act. Varada Reddiar filed an appeal against the order before the Chief Controlling Revenue Authority. The appeal was dismissed, which was challenged in W. P. No. 995/75 in this Court. The same was dismissed and W. A. 550/77 filed against the same was also dismissed on 15-10-1982.

(3.) In the meanwhile, the petitioner prayed for return of the treasure to him by letter dated 26-4-1978 and he was the finder of the same. The Revenue Authority informed him that compensation would be paid to him by the Agriculture Department, as the treasure was declared to be ownerless and he was only an employee of the Department. The petitioner filed W. P. 3518/78 praying for quashing of said communication by the respondents. The writ petition was allowed by this Court and the appeal by the respondents was also dismissed on 15-10-1982. Thus, it was declared by the court that the petitioner was the actual finder of the idols within the meaning of the Act and not as an employee in the Agriculture Department.