S.P.PALANIAPPA Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) This Writ Petition is filed challenging the notice issued by the 9th respondent under Rule 9(5) of The Tamil Nadu Minor Inams (Abolition and Conversion Into Ryotwari) Rules, 1965, calling for objection regarding proposal for issuance of ryotwari patta in respect of lands described therein.

(2.) Heard the arguments of Mr.V.Ragavachari, learned Senior Counsel for Mr.V.V.Kathiresan, learned counsel on record for the petitioner and Mr.Veerakathiravan, learned Additional Advocate General assisted by Mr.A.Baskaran, learned Additional Government Pleader appearing for the respondents.

(3.) According to the petitioner, he and 71 families were entitled to 931 acres of land situated in various survey numbers in Nilayapatti Village, Ilupur Taluk, Pudukkottai District. The said lands were taken over by the Government under the provisions of "The Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963" (hereinafter referred to as "Act XXVI of 1963"). A notification was issued under the provisions of Act XXVI of 1963. The said notification was challenged by some persons in O.S.No.13 of 1973 and other cases on the file of Subordinate Judge, Pudukkottai, seeking declaration that the notified lands do not constitute an "Inam Estate" within the meaning of the Act XXVI of 1963 and for consequential injunction restraining the State of Tamil Nadu from interfering with the possession and enjoyment of the plaintiffs. The said suits were dismissed by the trial Court. Aggrieved by the same, the plaintiffs therein filed appeal in A.S.No.912 of 1979 and other cases, before this Court. All the appeals were allowed and the suits were decreed as prayed for. Thus, the subject lands were declared to be not "Inam Estate" within the meaning of Act XXVI of 1963. Thereafter, the petitioner and others submitted various representations seeking issuance of patta on the strength of the judgment of the civil Court. The same has not been considered. However, the 9 th respondent issued the impugned notice under the provisions of "The Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963" (hereinafter referred to as "Act XXX of 1963") for issuing ryotwari patta to eligible persons. Aggrieved by the same, the present Writ Petition has been filed.