K.N. Mudaliyar, J.-One M.G. Chakravarthi Naicker and the State of Madras are the appellants in these two writ appeals respectively. They seek to appeal against the order of Venkatadri, J., in Writ Petition No. 1156 of 1969 quashing the order issued by the Government of Madras, Revenue Department, in G.O. Ms. No. 2817, dated 19th September, 1963.

The two writ appeals may be dealt with by us in a common order.

Succinctly stated, the facts are that ore Manicka Naicker, the father of the first respondent, K. M. Thillaimoorthy, applied in the year 1952 to the Government for the assignment of the poramboke land in S. No. 531/1 of the extent of 2 acres 90 cents. Manicka Naicker alleged in his petition that Chakravarthi Naicker, a political thyagi, was already given lands in Vaiyyavoor village comprised in S. No. 531/4, S. No. 531/5, and S.No. 531/6. It is seen from the records that Chakravarthi Naicker got lands assigned in his favour the total extent being 7 acres. Manicka Naicker also complained against the attempted trespass on the land in S.No. 531/1 of the extent of 2 acres 90 cents, which was said to be in his possession.

In G.O.Ms. No. 109, Revenue, dated roth January, 1953 the Government accepted the recommendations of the Board of Revenue and directed that the land in S. No. 531/1 of Vaiyyavoor Village, Kancheepuram taluk, measuring 2 acres 90 cents might be assigned in favour of Manicka Naicker. Further, the Collector of Chingleput was requested to take steps to evict the political sufferer, Chakravarthi Naicker, from the above land and to put Manicka Naicker in occupation with immediate effect. No doubt the assignment was subject to the usual condition and any other conditions, which the Collector of Chingleput might deem necessary to impose. It emerges from the records that even as late as 15th June, 1957 Manicka Naicker made a grievance of the trespass committed by Chakravarthi Naicker and he prayed for an order to issue the patta in his name. On 16th July, 1967, Manicka Naicker again prayed for patta to be granted in his favour in pursuance of G.O.Ms. No. 109, Revenue, dated 10th January, 1953. He further made a complaint about the non-receipt of orders from the Collector of Chingleput. The Collector of Chingleput in his proceedings dated 9th May, 1958 addressed to the Secretary to the Government, Revenue Department, reported about the Tahsildar taking steps to evict the encroacher. He further reported about his sanctioning the transfer proposals in respect of the land in question. He reported also about his asking the Sub-Collector, Chingleput, to investigate the cause of inordinate delay in submitting the transfer proposals and to take disciplinary action against the persons responsible. Thillaimoorthi, the first respondent herein, states in his affidavit in the writ petition that the learned District Magistrate (Judicial), Chingleput, declared in M.C. No. 138/61 on 30th December, 1961 that the first respondent’s party are in possession of the disputed property and that they are entitled to the possession thereof until evicted therefrom in course of law. Chakrararthi Naicker filed Crl.R.C. No. 143 of 1962 on the file of this Court against the order in M.C. No. 138/61, and Kailasam, J., by his order dated 6th September, 1963 dismissed his petition.

Chakravarthi Naicker filed a petition before the Government on 11th January, 1961 on the ground that he was in possession of the land. He further relied on a passage from the judgment of the Sub-Magistrate, Kancheepuram, in C.G. No. 2525 of 1951 to show that he was in possession of the land during the relevant period, viz., 14th August, 1951. He further alleged in that petition about some material irregularity in the procedure. He further claimed that he was cultivating the land with paddy from 1949. On 14th September, 1961 Manicka Naicker died. On 24th March, 1962, K. M. Thillaimoorthi, son of Manicka Naicker, filed an application before the Deputy Secretary to Government, Reve

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