KAMA UMI ISA AMMAL Vs. RAMA KUDUMBAN
HIGH COURT OF MADRAS
KAMA UMI ISA AMMAL
Click here to view full judgement.
(1.) This is an application for the issue of a writ of certiorari to quash the proceedings and the decision of the Estates Abolition Tribunal at Madurai dated 22nd May 1950 in Revenue appeal No, 54 of 1950, The only ground on which the writ is sought is that only two members of the Tribunal heard and disposed of the appeal filed by the petitioner under Section 9(4) of Madras Act XXVI of 1948 when the tribunal us constituted by the Government consisted of three members. The petitioner is a mortgagee of a village in Ramnad taluk. The Settlement Officer Ramnad, acting under Section 9 of Madras Act XXVI of 1948 held an enquiry and declared the village not to be an inam estate as defined in Section 2 (7) of the said Act. Against his decision there was an appeal to the Estates Abolition Tribunal at Madurai by a ryot of the village. Two members of the Tribunal set arid heard the appeal and by their judgment dated 22nd May 1950 reversed the decision of the Settlement Officer and declared the village to be an inam village.
(2.) The following are the provisions of Madras Act XXVI of 1943 material for disposal of the contention raised in this case. Section 2 (14) defines Tribunal as "a tribunal constituted under Section 8 and having jurisdiction". Section 8 provides for the constitution of tribunals for certain of the purposes of the Act, and runs thus: "1. The Government shall constitute as many tribunals as may be necessary for the purposes of this Act. 2. Each Tribunal shall consist of three members; one of them (who shall be its chairman) shall be a District Judge or an officer eligible to be appointed as a District Judge, another shall be a Subordinate Judge or an officer eligible to be appointed as a Subordinate Judge, and the third shall be a revenue Divisional Officer or an officer eligible to be appointed as a Revenue Divisional Officer.
(3.) Each Tribunal shall have such jurisdiction, and over such estates or parts thereof, as the Government may, by notification from time to time, determine.;
Copyright © Regent Computronics Pvt.Ltd.