K.R. APPASWAMY NAIDU Vs. BOARD OF REVENUE

JUDGEMENT

(1.) The petitioner was a landholder of three inam estates in Sankarankoil taluk, Tirunelveli District which were taken over by the Government on 1st October, 1951 under the provisions of the Tamil nadu Act 26 of 1948. Under the Act, the Director of Settlements has to fix the basic annual sum before determining the total compensation. Under S.31of the said Act, one of the items that should be taken into account in fixing the basic annual sum is the whole of the average net annual miscellaneous income from all other sources in an estate derived or derivable by the Government between 1st July, 1952 to 30th June, 1955. According to the petitioner, one of the main sources of miscellaneous income which the Government was under a duty bound to realise under Ss.3 (b) 31 (iv) and 34 from the estates in question is the income from the sale of trees in the tank beds and bunds of and in the porambokes and hillock lands. The petitioner claimed that in determining the total compensation payable for the estates the said sources of miscellaneous income, that is the income by sale of the tress in the tank beds, etc., should be taken into account. This claim was rejected by the Board of Revenue. Thereafter, the petitioner filed W.P. Nos. 1147 to 1149 of 1964 questioning the order of the Director of Settlements and the Board of Revenue. This Court allowed the said writ petitions and directed the Director of Settlements to determine the said miscellaneous income and re -fix the total compensation. Subsequently, the settlement authorities and the Forest Officers inspected the villages in question and enumerated the various trees. Finally, the Board of Revenue revised and increased the basic annual income and re -fixed the total compensation. As the petitioner felt that the amounts fixed as annual miscellaneous revenue by the Board of Revenue were very low, be preferred W.P. Nos. 3066 and 3069 and W.P. No. 777/1971. This court by its order d. 20th November 1970 held that all varieties of trees in the tank beds and bunds and porambokes in addition to the babul trees should also be taken into account for the purpose of refining the annual miscellaneous revenue W.P. Nos. 3066 and 3069 were therefore allowed by this Court with a direction to the Board of Revenue to determine the annual miscellaneous revenue In accordance with the Law taking into account all types of trees. Thereafter, the Board of Revenue on 15th September 1971 re -fixed the number of trees that would be available during the three relevant faslis and determined the quantum of miscellaneous revenue on that bests for all the three estates.

(2.) Long thereafter, the Board of Revenue issued a show cause notice, d. 2nd March 1972 as to why its earlier order, d. 15th September 1971 determining the annual miscellaneous revenue in respect of the three estates should not be revised. Faced with the show cause notice the petitioner filed W.P. Nos. 697, 874 and 875 of 1972 in this Court praying for a Writ of prohibition prohibiting the respondent the Board of Revenue from going back on its earlier order. This Court by its order, d. 5th December 1972 held that the Board of Revenue had no jurisdiction to revise its earlier order and in that view that set aside the show cause notice, d. 2nd March 1972 issued by the Board of Revenue.

(3.) The petitioner now complains in this Writ Petition that though the estates were taken over as early as 1st October 1951 the total compensation payable under the Act has not yet been finally determined in respect of the three estates, that so far as the miscellaneous income is concerned even though the matter was decided by this Court on more than one occasion the respondent has not chosen to pay till now the compensation as determined by the Board of Revenue in its order, d. 15th September 1971 and that in view of the long lapse of time since the Board of Revenue passed its order on 15th September 1971, the interest of Justice inquires that this Court should issue a writ of mandamus directing the respondent to pay the compensation as computed in its order, d. 15th September 1971 forthwith.