PERIYAR NAGAR VEETU URIMAIYALARGAL PODHU NALA SANGAM Vs. SPECIAL COMMISSIONER AND LAND ADMINISTRATION COMMISSIONER EZHILAGAM

JUDGEMENT

(1.) THE C.R.P.No.685 of 2005 is filed under Article 227 of the Constitution of India to call for the records pertaining to C.M.A.No.81 of 2003 pending before the Principle Subordinate Judge Tribunal and Tribunal constituted under the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act 1963, Coimbatore and to set aside the proceedings. THE said appeal has been filed by Sri Angalamman Temple, namely, the first respondent in the revision petition against the order of the Settlement Tahsildar I Gobichettipalayam, dated 22.04.1969. THE lands in question comprising in Survey No.334 (Dry) to the extent of 12.72 acres situated at Palladam Village, was originally granted as Devadayam by Kartar King of Mysore for the support of the Pagoda of Sri Angalamman Temple at Palladam by the British Government in T.D.No.516 along with another property. THE said Inam was notified and taken over under the provisions of the Madras Minor Inams (Abolition and Conversion into Ryotwari) Act 1963, with effect from 15.02.1965. THEre was an enquiry conducted by the Settlement Tahsildar I Gobichettipalayam under Section 11 of the said Act. THE Survey No.334/1 being used for non agricultural purposes consisting of house sites and therefore, enquiry was deferred. It was there after, the Settlement Tahsildar I Gobichettipalayam has conducted an enquiry to determine the persons eligible for Ryothwari patta. After enquiry, an extent of 4.09 acres stated in the Schedule A of the order of the Settlement Tahsildar I Gobichettipalayam dated 22.04.1969 were issued with the Ryotwari patta under Section 13 of the said Act, to various persons mentioned therein. THEy were related to house sites patta. In respect of another extent of 8.32 acres mentioned in the Schedule B of the said order, patta was granted to the first respondent Sri Angalamman Temple, Palladam represented by its Trustee for the time being under Section 13 r/w Section 8(2)(ii) of the Act. In respect of the remaining 0.32 acres, a joint patta was given to the first respondent Sri Angalamman Temple along with one Kulandaiappa Chettiyar, S/o Palaniyappa Chettiyar, Palladam.

(2.) OUT of the said 8.32 acres of land for which the patta was granted to the first respondent temple in the B Schedule, in respect of 3.94 acres, batch of appeals were filed before the Minor Inams Tribunal, Coimbatore under Section 11(3) of the said Act in C.M.A.No.670 of 1969 etc., batch. The said appeals were allowed by an order dated 31.10.1972 by granting patta to the appellants under Section 13 of the said Act. However, in respect of the remaining extent of 4.38 acres of land, out of the total 8.32 acres, the occupants have not filed appeal against the original order passed by the Settlement Tahsildar I Gobichettipalayam dated 22.04.1969. In the said appeal, the first respondent temple herein has been the second respondent and it was after contest, the said order came to be passed. In respect of the said remaining extent of 4.38 acres of land, still 19 persons are in occupation of the said housing plots.

(3.) THE first respondent in the revision, who is represented by respondents 7 and 8 in the writ petition, namely, the Arulmigu Angalamman Temple has filed a counter affidavit. While admitting that the Settlement Tahsildar I, Gobichettipalayam has granted patta in respect of A Schedule to the extent of 4.09 acres to individuals and in respect of the temple regarding 8.02 acres, would submit during proceedings no notice was served on the temple, which was not represented either by trustee or by administrator. According to the temple, the persons who have represented before the Settlement Tahsildar I Gobichettipalayam, were poojaris, who have no right.