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1976 Supreme(Mad) 399

P.S.KAILASAM, V.BALASUBRAHMANYAN
Panduranga Chetti and another – Appellant
Versus
The Government of Tamil Nadu, represented by the Collector of N. Arcot and another – Respondent


Advocates:
S. Padmanabhan, for D. K. Srinivasagopalan, for Appellants.
P. Venkataraman for Additional Government Pleader, for Respondents.

Kailasam, CJ.-These two appeals are filed by the unsuccessful claimants against the order of the Minor Inams Abolition Tribunal, North Arcot at Vellore. One, Panduranga Chetty and Pradarami Vaisiya’s Bajanai Koil, represented by its trustees are the claimants-appellants. In the enquiry acting, on the evidence of the Karnam (C.W. 1), and the technical opinion report of the Minor Irrigation Overseer, Chingleput. (Exhibit C-1), the Settlement Tahsildar held that the two survey numbers with which we are now concerned in the appeals, viz., Survey Nos. 132 of an extent of 92 cents, and Survey No. 133/5 of an extent of 50 cents, would be sub-merged as part of Rajamanickeni Cheruvu (tank) and that therefore no one would be entitled to ryotwari patta in respect of those survey numbers.

2. The enquiry before the Settlement Tahsildar was suo motu as no one applied for patta for lands. The Karnam (C.W. 1), stated that survey No. 132 would be liable for submersion for over a month. He did not mention anything about survey No. 133/5. But, according to the technical opinion report of the Minor Irrigation Overseer, Exhibit C-l, survey Nos. 132 and 133/5, which was provisionally sub-divided, were li




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