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2007 Supreme(Mad) 2557

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE V. DHANAPALAN
Gudalur and Pandalur Farmers Association rep. by its Secretary
Versus
The State of Tamil Nadu rep. by its Secretary to Govt., Revenue Department & Others
W.P.Nos.22501 of 2007, 23286, 23334, 23694, 24028, 24195, 24196, 25328, 25332, 25472, 25511, 25512, 25513, 25514, 25578, 25892,25592, 25985, 25987, 26289 26516 of 2007 & M.P. Nos.1 & 2 in W.P.Nos.22501 and 23286 of 2007 & M.P.No.1 of 2007 in W.P.Nos.23694, 24028, 24195, 24196, 25328, 25332, 25511, 25512, 25513, 25514, 25578, 25892, 25592, 25987, 26289 and 26516 of 2007
Decided On : 16-08-2007

For the Petitioner:Muthukumaraswamy, Senior Advocate, T.S. Gopalan & Co, Nalini Chidambaram, Sr. Advocate, Silambannan, Sr. Advocate, Silambannan Associates, K.A. Radhakrishnan, T.P. Manoharan, A. Prabhakar, Advocates. For the Respondents:P.S. Raman, Addl. Advocate General, A. Edwin Prabhakar, AGP, S.N. Kirubanandam, SGP.

The finality of the orders of the Honble Supreme Court and the need for the petitioners to make proper applications to the competent authority for settlement of ryotwari patta under the Gudalur Janmam Estates Act, 1969.

Headnote:

Janmam Act - Land Possession - Section 3, 5, 8, 9, 10, 17 - The judgment discusses the application of the Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969, particularly its provisions under sections 3, 5, 8, 9, 10, and 17. The court emphasizes the finality of the orders of the Honble Supreme Court and directs the petitioners to make proper applications to the competent authority for settlement of ryotwari patta under the Act.

Fact of the Case:

The petitioners, farmers engaged in cultivation of land, sought a mandamus to prevent interference with their land possession until the disposal of their applications pursuant to the orders of the Honble Supreme Court. The respondents had put up notice boards and issued eviction threats, prompting the petitioners to seek relief from the court.

Finding of the Court:

The court directed the petitioners to make proper applications to the competent authority for settlement of ryotwari patta under the Gudalur Janmam Estates Act, 1969, and instructed the respondents to consider the pending and new applications in accordance with the orders of the Honble Supreme Court.

Issues: Interference with land possession, application for settlement of ryotwari patta under the Gudalur Janmam Estates Act, 1969.

Ratio Decidendi: The finality of the orders of the Honble Supreme Court and the need for the petitioners to make proper applications to the competent authority for settlement of ryotwari patta under the Act.

Final Decision: The court directed the petitioners to make proper applications to the competent authority for settlement of ryotwari patta under the Gudalur Janmam Estates Act, 1969, and instructed the respondents to consider the pending and new applications in accordance with the orders of the Honble Supreme Court. The writ petitions were disposed of with no costs.

Judgment :-

An association by name Gudalur and Pandalur Farmers Association represented by its Secretary and individual lessees of the Estate concerned have filed these writ petitions praying for a mandamus seeking to direct the respondents from interfering in any manner with the possession and enjoyment of the lands of the petitioners till the disposal of the applications of the petitioners pursuant to the orders of the Honble Supreme Court dated 18.08.1999 made in Civil Appeal Nos.368-372 and 374-375 of 1977 and I.A.No.24-32 in C.A.Nos.367-375 of 1977 and without giving an opportunity to the petitioners.

2. All the petitioners have a common grievance and the facts and circumstances set out by them are also common. The relief sought for by the petitioners are identical. Therefore, all the petitions have been taken up and a common order is passed.

3. The brief facts leading to these cases are as follows:-

The petitioners are the farmers engaged in cultivation of land in the properties as set out in the annexure of the respective writ petitions. Their parents had purchased the properties through various sale deeds and the extend of lands have been indicated in every petition. All kinds of agricultural crops including tea, coffee, cardamon, pepper, ginger etc. are grown in the said lands. The lands are used for agricultural purposes and there are dwelling houses in the said properties. Most of them are medium farmers doing the cultivation and they are in continuous possession of lands and have access also. The Government is responsible for the enforcement and implementation of the Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969 (hereinafter referred to as "The Janmam Act") and the Secretary of the Revenue Department is the authority to control and enforce the lands. The third respondent is the officer appointed by the Government under section 5 of the Janmam Act to carry out the functions assigned to him under the Act. His main function is to consider the applications for the grant of ryotwari patta under the Act. Some of the petitioners have also made an application and some of them are yet to make applications. The Director of Survey and Settlement is an authority who guides and assess the work of the settlement officer and directs action that is to be taken by the authorities in respect of the petitioners lands. Earlier in some writ petitions, the provisions of the Act were challenged in the year 1970. This Court, in its common Judgment in W.P.Nos.64, 117 to 121, 185, 186 and 200 of 1970 dated 210. 1970 dismissed the writ petitions upholding the validity of the said Act. Aggrieved by the said order passed by this Court, certain petitioners have filed Civil Appeals and the Honble Supreme Court in a common Judgment on 19.04.1972 also upheld the validity of the said Act except the provisions of Section 3 in so far as it vested forest land in the Janmam Estate in the State of Tamil Nadu. In 1974, a Constitution Amendment Act was passed and the said Act was inserted in the IX schedule of the Constitution of India by the 34th Constitution Amendment Act. Thereafter the said Act was brought into force with effect from 211. 1974 and the entire Janmam Estate vested with the State of Tamil Nadu. The said Act was again challenged in this Court by the Janmies and lessees in W.P.Nos.4836/74. 2307/75, 4769 to 4774/75, 693/75 and 90 of 1975. All the writ petitions were disposed of by a common Judgment dated 26.09.1976. While settlement proceedings were under process, 11 major estates to whom lands were leased out by the Janmies for raising plantation crops by means of long term lease deeds took up the matter before the Honble Supreme Court in 1976 and 1977 against implementation of the said Act. The Honble Supreme Court in its interim Judgment in CMP Nos.1229 to 1237 of 1977 in C.A.Nos.367 to 375 of 1977 dated 23.08.1978 had ordered interim stay with certain conditions. The said stay was in force till 1999. In whi










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