S.V.R.B.K.R. GOPALAN Vs. THE ESTATES ABOLITION TRIBUNAL AND ANR.

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution for the issue of a writ of certiorari or any other appropriate writ to call for the records in A.S. No. 130 of 1955, on the file of the Estates Abolition Tribunal, Vellore, and to quash the order therein.

(2.) THE Inam village of Vikramam in the Tanjore District was notified by the Government under the provisions of Madras Act XXVI of 1948; the estate was taken over by the Government on 1st October, 1951. The petitioner, who had purchased the share of one of the erstwhile inamdars, filed an application, under Section 13 of the Act, before the Assistant Settlement Officer, for the grant of ryotwari patta in respect of 52 items of land in the village. The Officer granted him patta for 46 items, but declined to do so for the remaining six. From the order of the officer, there was an appeal by the petitioner to the respondent, the Estates Abolition Tribunal, Vellore, in respect of two of the items, namely, items 48 and 49. Those items are situated in S. No. 21 3/2, and are 2.24 and O. 42 acres respectively in extent. The Tribunal, accepting the view of the Assistant Settlement Officer held that, as S. No. 213/2 was classified, as part of tank poromboke, the petitioner would not be entitled to a ryotwari patta in respect of the two items. The legality of the order of the Tribunal is sought to be challenged in this petition.

(3.) BEFORE the Tribunal, contentions were raised as to the correctness of the entry in the Record of Rights relating to the lands now in controversy. Those contentions were, however overruled. As we stated already, it is now conceded that the lands which form the subject -matter of this petition formed the bed of an irrigation tank.