M G MUKUNDARAJA AYYANGAR Vs. STATE OF MADRAS

JUDGEMENT

(1.) In this application for the issue of a writ of mandamus the petitioner prays for the issue of directions injuncting the respondents from taking proceedings under the provisions of Act XXVI of 1948 with regard to the village of Veyinipatti alias Rayinipatti. The petitioner is the owner of this village which was granted on a permanent cowle by the then Zamindarini of Sivaganga to two individuals. There , were successive devolutions in the title to this village, the petitioner being the last of such purchasers.

(2.) The complications which have led to the present petition have been due to the misunderstanding on the part of the State Government in regard to the tenure of this village. After the Madras Estates (Abolition and Conversion into Ryotwari) Act 1948, was passed and was brought into force the Government published a Notification on nth August, 1949, notifying inter alia the zamindari estate of Sivaganga. The text of this Notification ran:

(3.) At this stage the petitioner filed a petition in the High Court invoking its jurisdiction under Article 226 of the Constitution for quashing the Notification G.O. Ms. No. 2159 (Revenue), dated 22nd August, 1949, notifying the village as an under-tenure estate on the ground of its being illegal. This writ petition was disposed of by this Court on nth September, 1953 and on the finding that Veyinipatti was not an under-tenure estate the notification was quashed.