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1969 Supreme(Mad) 280

A.ALAGIRISWAMI
Thiruvavaduthurai Adheenam by its Adheenakarthar Sri La Sri Subramania Pandara Sannadhi Avergal (died) His Holiness Sri La Sri Ambalavana Pandara Sannadhi Avergal present Adheenakartha Thiruvavaduthurai Adheenam, Thiruvavaduthurai – Appellant
Versus
State of Madras by the Secretary to Government, Revenue Department, Fort St. George, Madras – Respondent


Advocates:
M. Ranganatha Sastri and S. Gopalan, for Petitioner.
U. Somasundaram, for Respondents Nos. 2 to 6.
The Government Pleader K.S. Bakthavatsalam, and the Assistant Government Pleader, for 1st Respondent.

Order:-

The petitioner is Thiruvavaduthurai Adheenam. The petition relates to a notification issued by the Government under Madras Act XXVI of 1963, fixing the 1st day of October, 1966 as the appointed day on which the provisions of that Act would take effect in relation to the village of Kodarankulam. The petitioner states that the lands were originally leased by the Nawab of Carnatic to one Ragho Pandit, that later the lease was converted into Kattukuthagai, that on the assumption of power by the British Government full assessment was charged annually, and that finally during the Inam settlement the inam tenure was converted into a permanent freehold and title deed 204 dated 10th September, 1864 was issued by the Government. The petitioner’s contention is that the inam which has been enfranchised stands on the same footing as ryotwari land, and that the provisions of Madras Act XXVI could not be applied to the village. The contention on behalf of the Government, however, is that the term “freehold” in relation to inam is only the conferment of the right of alienation free from the restrictions, that the inam character itself was not abolished, that the word “ freehold” in inam was
























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