SOUNDARARAJA PERUMAL DEVASTHANAM Vs. RAVIKANNU AMMAL

JUDGEMENT

(1.) IT is very unfortunate that the officials constituted under the Tamil Nadu Occupants of Kudiyiruppu Act, 1971 have ignored the basic principles of the Act and proceeded to grant patta in favour of the first respondent in each of these writ petitions. The facts relevant are shortly as follows: The lands involved in these writ petitions are house sites belonging to the petitioner and they formed part of minor inams. After passing of Tamil Nadu Act 30 of 1963, the Settlement Officer granted patta in favour of the temple, the petitioner. That was challenged by the first respondent in each of the writ petitions before the tribunal and they failed therein. Thus, the title of the temple to the property was confirmed by the grant of patta under the Tamil Nadu Act 30 of 1963.

(2.) THEREAFTER, the first respondent in these petitions filed applications before the Authorised Officer for Kudiyiruppu and Additional Tahsildar, Nagapattinam praying for issue of patta under Sec.4 of the said Act. Their case is that they have been in possession of the lands for several decades prior to 17.1.1971 and that they are agricultural labourers and agriculturists contributing their own physical exertions skill and labour. The first officer viz., the Additional Tahsildar simply took note of the fact that the petitioners were in possession prior to 1971 and proceeded pass an order in their favour thinking that nothing else remained to be considered. On appeal, the Appellate Authority, viz., the Sub Collector, Nagapattinam considered the question whether the petitioners were agriculturists or agricultural labourers and relying on the evidence of Manickavasagam examined as P.W.2 held that they were agricultural labourers. The case put forward by the petitioners that they were working elsewhere and not agricultural labourers was rejected. He confirmed the order of the first officer.

(3.) IN the result, the writ petitions are allowed. The orders passed by respondents 2 and 3 in each of the petitions are quashed. The applications filed by the first respondent in each of the writ petitions before the authorities is dismissed. There will be no order as to costs.