THE STATE OF MADRAS REPRESENTED BY THE COLLECTOR OF RAMANATHAPURAM Vs. THE ESTATES ABOLITION TRIBUNAL REPRESENTED BY ITS CHAIRMAN AND ANR.

JUDGEMENT

(1.) THIS is a petition by the State of Madras for the issue of a writ of certiorari to quash the Order of the Estates Abolition Tribunal, Madurai, in Revenue Appeal No. 73 of 1955 on its file.

(2.) THE village of Avarendal in Paramakudi taluk in Ramanathapuram district was an Inam Estate. On 3rd December, 1953, the State of Madras notified and took it over under the provisions of Madras Act XXVI of 1948. One Peria Pappammal, who had been the landholder of the village, applied to the Additional Assistant Settlement Officer, Aruppukottai, for the grant of a ryotwari patta in respect of various items of land. We are now concerned only with twelve of those items. The Special Tahsildar objected before the Additional Assistant Settlement Officer to the grant of the ryotwari patta claimed by Peria Pappammal on the ground that those twelve items of lands are liable to submersion under the irrigation tank of the village. The Additional Assistant Settlement Officer rejected the claim of Peria Pappammal. Oh appeal, the Estates Abolition Tribunal, Madurai, reversed his decision and directed the grant of a patta to Peria Pappammal. The State of Madras now seeks to have that order quashed.

(3.) THE Karnam of the village was examined on behalf of Government. He deposed that all these twelve items are kulam punjais and that water may stagnate on them to a depth of about 2 feet when there is full supply in the tank. The area of the tank -bed had not been separately noted in the adangal. Water might stagnate in other ryoti lands also. The petitioner pays kist for these lands. He specifically mentioned that all the lands mentioned in the application are registered in the name of the petitioner. He also added that the petitioner does not obstruct the free flow of water to the tank, that there are no high ridges in the fields and that there are ryoti lands nearby.