SRI NAVANEETHASWARASWAMI DEVASTHANAM BY ITS EXECUTIVE OFFICER Vs. THE STATE OF MADRAS BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT

JUDGEMENT

(1.) THIS petition for certiorari turns on the scope of the Second proviso to Article 31 -A(1) of the Constitution of India. This was one of petitions in the batch disposed of by Subbachariar v. State of Madras, (1967) 1 M.L.J. 206. But, because the scope of that proviso did not arise in the rest of the petitions, we have considered this petition separately.

(2.) SELLUR village of Ekabhogam Mirasu was notified and taken over under the provisions of Madras Act XXVI of 1963. As a result of prolonged litigation, the result of which is to be found in Navanithaswarswami Devasthanam v. Ganapathi, (1955) 2 M.L.J. 112, Navanithaswaraswami Devasthanam v. Saminatha Pillai, I.L.R. (1958) Mad. 921 :, (1958) 2 M.L.J, and A.S. No. 157 of 1957, the Devasthanam took possession of the entirety of the lands comprised in the village. The State Government, in exercise of its powers under Section 52 of the Madras Public Trusts Act, 1961, exempted the entire extent from the operation of the Act by two orders dated 21st December, 1963 and 29th June, 1965. This petition was filed on 22nd September, 1965 to quash the notification under Section 1(4) which was in September, 1965, of Madras Act XXVI of 1963 on the ground that it did not provide for payment of market value as compensation for acquisition of the Inam village, but only provided for allowances of Tasdik under Section 32.

(3.) SO far as the point that the lands are within the ceiling limit under the Madras Public Trusts Act is concerned, we may at once say that it is impossible to accept it. The effect of applying Section 52 is that the lands exempted will be free from the opinion of the provisions of the Act. It clearly follows, therefore, that once that happens, the lands, to which the Act becomes inapplicable, because of the exemption, are entirely outside the scope of any ceiling. In fact, no question of ceiling at all will arise in respect of such lands, for, ceiling arises because of and under the provisions of the Act.