THIRUVAVADUTHURAI ADHEENAM Vs. COMMISSIONER

JUDGEMENT

(1.) Thiruvavaduthurai Adheenam, Thiruvavaduthurai, through its Adheenakarthar, Sri La.Sri.Siva Prakasa Pandara Sannidhi Avargal, Mayiladuthurai Taluk, Nagapattinam District, the petitioner herein has questioned the correctness of the proceedings of the Assistant Settlement Officer, (South - incharge), Office of the Director of Land Revenue, Survey and Settlement, Chennai, the second respondent herein, who has issued notices to all the 592 claimants/tenants for holding an enquiry as per the order of this Court dated 28.11.2002 made in W.P. No. 42572 of 2002. The petitioner Adheenam has prayed for a direction to the respondents to conduct the enquiry as per the order dated 31.1.1984, of the Inam Abolition Tribunal (Principal Subordinate Judge), Tirunelveli, in R.A.I.A.T. No. 5 of 1980 in accordance with the provisions of Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 26 of 1963. Facts of the case, in nutshell, as stated in the supporting affidavit, are that Sivandhipuram Village, Ambasamudram Taluk, Tirunelveli District, is an Inam Estate, covered by Inam Title deed No. 202. It is an absolute property of the petitioner Adheenam. The entire village is covered to an extent of 1008 Acres and 34 cents. The petitioner Adheenam has leased out the said properties to various individuals, under various lease deeds and that the lessees were in possession of the lands, paying the respective lease amounts. It is the further case of the petitioner Adheenam that a total extent of 1078 Acres and odd were in possession and enjoyment of the petitioner Adheenam. While so, the Government of Tamil Nadu passed an enactment, viz., Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 26 of 1963, (for brevity, "the Act") with an object to provide for the acquisition of the rights of the landholders in inam estates in the State of Tamil Nadu and the introduction of the ryotwari settlement in such estates.

(2.) On the basis of the pleadings and material on record, Mr. P. Senthil, learned counsel for the petitioner Adheenam fairly submitted that the said Act has been upheld. Thereafter, the Assistant Settlement Officer initiated suo motu proceedings and notices were issued to the occupants of the lands and also to the petitioner Adheenam in respect of the lands covering an extent of 1026.87 acres on the basis of the survey conducted by the authorities. The enquiry was only in respect of the lands other than communal lands. The Assistant Settlement Officer, Madurai - II by his proceedings dated 2.4.1980 in S.R. Nos. 1 to 592/AMS/79 granted patta in respect of all the lands except S. No. 152, 159/1, 162/61 relating to the site wherein constructions have been put up by Harvey Mills Co-Operative Society Ltd and Madura Coats Ltd., Ambasamudram. However, ground rent patta has been granted in favour of the petitioner Adheenam under Section 15(4) of the Act.

(3.) Learned counsel for the petitioner further submitted that the Settlement Officer after due consideration of the rival contentions raised on either side accepted the claim of the petitioner Adheenam and also held that the objectors were only cultivating tenants and that they had no right whatsoever to claim title over the lands. Out of 592 persons, 111 persons claiming themselves as cultivating tenants filed an Appeal before the Inam Abolition Tribunal (Principal Subordinate Judge), Tirunelveli in R.A.I.A.T. 5/1980. The Inam Abolition Tribunal by order dated 2.4.1980, allowed the Appeal insofar as the said 111 persons are concerned and remanded the matter for fresh consideration merely on the basis that they were not given an opportunity and only for above said limited purpose the matter was remanded to the Settlement Officer, Madurai.