N SASTHA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE appellants are aggrieved against the order of the learned Single Judge dated 15. 11. 2001, in and by which, the claim of the appellants for issuance of a writ of Mandamus forbearing the respondents from interfering with the appellants possession and enjoyment of the lands comprised in old S. Nos. 1080 and 1081 (R. S. Nos. 426, 427, 428, 429, 430 and 431) of Thovalai Village, Kanyakumari Taluk and District, as declared in O. S. No. 25 of 1994, on the file of the Principle district Munsif Court dated 07. 03. 1996, came to be rejected.

(2.) THE appellants are stated to have been in possession of 100 acres of land prior to reorganisation of Travancore-Cochin State under the 1956 Act. According to the appellants, the lands were given to them for cultivation purposes by the erstwhile Travancore-Cochin Government under the rules for Kuthagapattom or under the rules of Kandukrishi Pattom system. The rules relating to kuthakapattom came to be repealed by the State of Tamil Nadu in G. O. Ms. No. 3369, revenue Department, Dated 12. 12. 1972. Thereafter, the State Government issued g. O. Ms. No. 947, Revenue Department, dated 02. 03. 1973, for assignment of lands of small holdings by some of the Kuthakapattom holders. Since the holdings of the appellants and their forefathers were 100 acres, the assignment provided for under G. O. Ms. No. 947, dated 02. 03. 1997, was not applicable to the appellants. However, under the very same G. O. , in paragraph 5 it was provided as under:

(3.) THE appellants with a view to safeguard their possession, approached the civil Court namely the Principle District Munsif Court, Nagercoil by filing o. S. No. 25 of 1994 for declaration and injunction. The declaration was to the effect that their possession of the tax assessed Tharisu poromboke lands having an extent of about 100 acres in the suit property be declared as such and the state Government be directed by means of a mandatory injection to issue orders of assignment in their favour and also restrain them by way of a permanent injunction from taking any steps for assignment of such lands in favour of strangers.