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2008 Supreme(Mad) 1155

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P. JYOTHIMANI
V.P. Kandasamy & Others
Versus
The Tahsildar Coimbatore North Taluk Coimbatore District & Others
W.P.No.11193 of 2006
Decided on : 03-04-2008

Advocates Appeared:
For the Petitioners:R.N. Amarnath, Advocate.
For the Respondents:R1, Hasan Fizal, GA, R2, T. Chandrasekaran, Spl. G.P, R3, R.T. Doraisamy, Advocate.

The court emphasized the finality of the Settlement Tahsildar's order and the obligation of the first respondent to implement it.

Headnote:

Inam Lands - Implementation of Settlement Tahsildar's Order - Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 - Section 11

Fact of the Case:

The petitioners sought to quash the order of the first respondent and for direction to carry out changes in the revenue records as per the Settlement Tahsildar's order. The lands vested with the Government after the Tamil Nadu Minor Inams Act, 1963. The petitioners claimed possession and enjoyment of the lands under kudivaram rights.

Finding of the Court:

The court found that the Settlement Tahsildar's order had become final and the first respondent was bound to implement it. The court set aside the first respondent's order and directed implementation of the Settlement Tahsildar's order, while preserving the rights of the third respondent to challenge the order.

Issues: Dispute over implementation of Settlement Tahsildar's order, authority of the first respondent, and the rights of the third respondent.

Ratio Decidendi: The Settlement Tahsildar's order had become final, and the first respondent was obligated to implement it. The court also considered the rights of the third respondent to challenge the order.

Final Decision: The impugned order of the first respondent was set aside, and the first respondent was directed to implement the order of the Settlement Tahsildar dated 29.09.1968. The writ petition was allowed.

Judgment :-

The petitioners have filed the above writ petition to quash the order of the first respondent dated 08.03.2006 and for direction to the first respondent to carry out the changes in the revenue records as per the orders of the Settlement Tahsildar No.IV, Gobichettipalayam made in S.R.No.73/68/M.I.Act/Coimbatore Taluk, dated 29.09.1968.

2. According to the petitioners in this writ petition, one Natha Gounder of Vellakinaru Village, Coimbatore North Taluk was in possession and enjoyment of the dry lands to an extent of 6 acres and 49 cents in S.F.No.103 and 3 acres and 46 cents in S.F.No.105, comprised in T.D.No.240 of Vellakinaru Village, Coimbatore North Taluk for a period of 50 years from 1888. After the advent of Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act,1963, the lands vested with the Government, free from all encumbrances.

2(a). Since the said Natha Gounder was enjoying the kudivaram rights, after his demise, his son Ayi Gounder was in possession of the lands under kudivaram rights. There was a civil dispute between him and one Chinnia Gounder, who filed a suit for recovery of possession in O.S.No.191 of 1887, which was decreed; the first appellate Court has dismissed the suit and the said plaintiff Chinnia Gounder has filed S.A.No.301 1889 before this Court and the order of the first appellate Court was confirmed, thereby holding that Ayi Gounder was in possession and enjoyment of the property in his own right.

2(b). An enquiry under Section 11 of the Act was conducted by the Settlement Tahsildar No.IV, Gobichettipalayam in the year 1968. In the enquiry, the Tahsildar, based on the records, in his order dated 29.09.1968 has concluded that M/s.Palani Gounder, Marappa Gounder, Nachimuthu Gounder, Perianna Gounder, Subbanna Gounder, Palani Gounder and Thangammal are entitled to ryotwari patta and he has also passed order to that effect granting patta.

2(c). In this writ petition, except the 15th petitioner and 19th petitioner, viz., M. Nachimuthu Gounder and M. Subbanna Gounder, who were granted patta by the Settlement Tahsildar, all other petitioners are the legal representatives of the other persons who were granted patta by the Settlement Officer in the order dated 29.09.1968 and according to the petitioners, they are in possession continuously from 1968, paying all public charges in respect of the lands.

2(d). On 211. 2005, the petitioners have represented the Tahsildar, first respondent to grant patta in their name and for alteration of revenue records, such as Adangal, Chitta etc. based on the order dated 29.09.1968. The first respondent, by the impugned order dated 08.03.2006, has refused to change the entries in the revenue records and directed the petitioners to approach the Court. It is, as against the order of the first respondent dated 08.03.2006, the petitioners have filed the present writ petition for direction to the first respondent to carry out the changes in the revenue records as per the order of the Settlement Tahsildar dated 29.09.1968, passed in S.R.No.73/68/M.I.Act/ Coimbatore Taluk on various grounds, including that the first respondent is bound to implement the order of the Settlement Tahsildar passed by exercising the powers under Section 8(1) of the Act; that the first respondent has no authority to decide about the correctness of the order of the Settlement Tahsildar under the Act; that by issuing the impugned notice, the first respondent has exceeded his jurisdiction; that the second respondent has abdicated his public duty in advising the petitioners to approach the Court; and that the first respondent has failed to see that the authority to decide whether the lands are ryotwari or not has already decided the same by order dated 29.09.1968 and it is only the duty of the first respondent to execute the same.

2(e). In the writ petition, the third respondent, Sri Muttathu Royan Temple, Vellaikinar represented by its Fit Person was impleaded by order dated 16.07.2






























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