PALANIATHAL Vs. R. UDAYAPPAN AND ORS.

JUDGEMENT

(1.) THE question arising in these petitions is whether a woman is disqualified for being appointed as the headman of a village under the Madras Hereditary Village Offices Act, 1895, by reason of her sex.

(2.) ONE Deivasikamani Gounder was the village headman of Chitravuthampalayam in Dharapuram taluk in Coimbatore district. The office which he held was a hereditary one governed by the provisions of Madras Act III of 1895. He died in May, 1953, leaving no male issue but only four daughters. The petitioner is the eldest of these daughters. After the death of the petitioner's father was notified to the authorities, the name of the petitioner who was a minor on that date was registered on 17th July, 1954, in accordance with the provisions of Section 10(5) of the Act by the Revenue Divisional Officer, and one Udaya Gounder was appointed as the deputy to do the duties of the office pending the minor attaining majority. By an order, however, of the Collector, dated 11th November, 1955, passed without notice to the petitioner's guardian, the registration of the petitioner under Section 10(5) was cancelled for the reasons thus stated,

(3.) THE petitioner who had by then attained majority came to know in November, 1957, of the cancellation of the registration of her name and the appointment of Udayappan, her cousin, in her place and she thereupon filed an application to the Collector to review and set aside his previous order. This was rejected by him in his order, dated 12th December, 1957. The reason for the dismissal of this application was stated to be that