PALANIVEL Vs. COMMISSIONER

JUDGEMENT

(1.) The present writ petition has been filed challenging an order passed by the 1st respondent herein under which the request of the writ petitioner for grant of No Objection Certificate for registering a power of attorney has been rejected.

(2.) According to the petitioner, an extent of 5.14.0 hectares of land in S.F.No.168 in Viralimalai village was originally a service Inam land for the purpose of rendering Kothu service in favour of Arulmigu Subramania Swamy Temple, Viralimalai. The said lands were taken over by the Government under Tamil Nadu Act 30 of 1963 and the minor Inams were abolished.

(3.) The petitioner has further contended that the petitioner had approached the settlement Tahsildar for grant of patta under Act 30 of 1963. The settlement Tahsildar, Viralimalai by his proceedings, dtd. 9/5/1968 has granted Kothu service patta in favour of the writ petitioner. Thereafter, the writ petitioner had exercised his option to discharge himself from the service as contemplated under Sec. 21 (3) of Tamil Nadu act 30 of 1963. The special Tahsildar, Lalkudi had passed an order on 4/10/1971 directing the writ petitioner to deposit a sum of Rs.9,939.00 (Rupees Nine Thousand Nine Hundred and Thirty Nine only) to get himself discharged from the service. This order was challenged by the writ petitioner before the Assistant Collector, Pudukkottai. The appellate authority passed an order on 12/7/1976 reducing the amount to Rs.7,629.00 (Rupees Seven Thousand Six Hundred and Twenty Nine only).