Occupants of site can not be held as tenant or licensee.

It is very unfortunate that the officials constituted under the Tamil Nadu Occupants of Kudiyiruppu Act, 1971 have ignored the basic principles of the Act and proceeded to grant patta in favour of the first respondent in each of these writ petitions. The facts relevant are shortly as follows: The lands involved in these writ petitions are house sites belonging to the petitioner and they formed part of minor inams. After passing of Tamil Nadu Act 30 of 1963, the Settlement Officer granted patta in favour of the temple, the petitioner. That was challenged by the first respondent in each of the writ petitions before the tribunal and they failed therein. Thus, the title of the temple to the property was confirmed by the grant of patta under the Tamil Nadu Act 30 of 1963.

2. Thereafter, the first respondent in these petitions filed applications before the Authorised Officer for Kudiyiruppu and Additional Tahsildar, Nagapattinam praying for issue of patta under Sec.4 of the said Act. Their case is that they have been in possession of the lands for several decades prior to 11. 1971 and that they are agricultural labourers and agriculturists contributing their own physical exertions skill and labour. The first officer viz., the Additional Tahsildar simply took note of the fact that the petitioners were in possession prior to 1971 and proceeded pass an order in their favour thinking that nothing else remained to be considered. On appeal, the Appellate Authority, viz., the Sub Collector, Nagapattinam considered the question whether the petitioners were agriculturists or agricultural labourers and relying on the evidence of Manickavasagam examined as P.W.2 held that they were agricultural labourers. The case put forward by the petitioners that they were working elsewhere and not agricultural labourers was rejected. He confirmed the order of the first officer.

3. Neither of the officers has chosen to consider whether the land in question is a Kudiyiruppu as defined by the Act. Sec.2(8) of the Act reads as follows:

“Kudiyiruppu” means the site of any dwelling house or but occupied, either as tenant or as licensee, by any agriculturist or agricultural labourer and includes such other area adjacent to the dwelling house or but as may be necessary for the convenient enjoyment of such dwelling house or hut. Explanation I; It shall be presumed that any person occupying the Kudiyiruppu is an agricultural labourer or an agriculturist, until the contrary is proved: Explanation II: In determining the question whether for the purpose of clause (8), any area adjacent to the dwelling house or hut is necessary for the convenient enjoyment of such dwell-ing house or but,

.(i) the area which the agriculturist or agricultural labourer had been enjoying immediately before the 19th June, 1971, and

.(ii) such other factors as may be prescribed, shall be taken into account. “

4. Hence, the very first requirement for labelling the land as Kudiyiruppu is that it should be a site occupied either as a tenant or as licensee by any agriculturist or agricultural labourer. In this case, it is admitted by the first respondent in each of the writ petitions who were the applicants before the authorities that they were neither tenants nor licensees. The first respondent in W.P.No.10563 of 1981 is the eldest member of the family. The first respondent in W.P.No.10562 of 1981 is his son and the first respondent in W.P.No.10561 of 1981 is his brother’s wife. The first respondent in W.P.No. 10563 of 1981 has stated as follows:

(There is no connection between the temple and this. There was no agreement for tenancy or” Paguthi “ with the temple. There is no permission by the temple and this. There was agreement for tenancy or” Paguthi “ with the temple. There is no permission by the temple authorities).

5. That is sufficient to show that the definition of Kudiyiruppu is not satisfied. Even if the occupant has been there for hundreds of years, the site would no