- (1.) Leave granted.
(2.) This appeal by special leave arises from the judgment of the Special tribunal of Madras in ST Appeal No. 8 of 1982, dated 15/11/1988, by two learned Judges of the Madras High court under the T. N. Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963 (Act 26 of 1963 (for short "the Act"). The admitted facts are that Respondents 3 to 438 are the cultivating tenants of the lands in Kodarangulam Village, which is an estate under the Act. It was admittedly notified and taken over under the Act; as a result, the respondents as well as the first respondent came to file application under Section 9 of the Act for issuance of ryotwari patta. The tribunal granted patta to the first respondent and on special appeal, the High court had confirmed the same. It would appear that some of the tenants had filed special leave petitions on earlier occasions also, but the same came to be summarily dismissed. The State has come up by special leave withpermission against the judgment of the Special tribunal. Thus, this appeal by special leave.
(3.) Shri R. Sundaravaradan, learned Senior Counsel appearing for the first respondent, has raised a preliminary objection to the maintainability of the appeal on the ground that the State did not file any appeal against the order of the tribunal and that, therefore, it cannot file appeal against the Special tribunal's judgment. Though technically he is right, but this court has power under Article 136 of the Constitution, even to entertain an appeal against the original order of the tribunal, which stood confirmed in the judgment of the Special tribunal in the impugned judgment. Permission was granted to file the special leave. Under these circumstances, we do not see any force in the contention on the maintainability of the appeal.;