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1999 Supreme(SC) 588

A.P.MISRA, R.C.LAHOTI
R. E. M. S. Abdul Hameed – Appellant
Versus
Govindaraju – Respondent


Judgment

Misra, J.-These two appeals raise a common question hence are being disposed of by means of this common judgment. The question raised is, whether Arayapuram Thattimal Padugai, consisting of two distinct areas, viz., Mela Thattimal Padugai and Kizha Thattimal Padugai was known at the relevant time, is a minor inam coming within the purview of The Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963, (hereinafter referred to ‘as the Act 30 of 1963’) or it would fall under the Madras Inam Estates (Abolition and Conversion into Ryotwari) Act XXVI of 1963, (hereinafter referred to ‘as the Act No. 26 of 1963’). The State Government initially issued notification treating it to be under Act No. 26 of 1963, later withdrew and noti­fied it under Act No. 30 of 1963. The appellants’ contention is that the State Government rightly issued it to be under Act No. 30 of 1963 and it is held to be valid also by the Settlement Officer, S.R. II, Thanjavur.

2. The short facts are that the respondents filed a petition under Sec­tion 5 of the Madras Inams (Supplementary) Act (XXXI of 1963) (here­inafter referred to as ‘Act No. 32 of 1963’) for a declaration that the said two d































































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