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1960 Supreme(Mad) 129

RAMACHANDRA.IYER, RAJAGOPALAN
S. A. O. S. Karuppan Chettiar – Appellant
Versus
The State of Madras represented by the Collector of Thanjavur – Respondent


Advocates:
R. Gopalaswami Ayyangar, for Petitioner.
The Additional Government Pleader (M.M. Ismail) on behalf of the Respondent.

Ramachandra Iyer, J.-

This is an application to excuse the delay in the presentation of an appeal against the order of the Estate, Abolition Tribunal, Vellore, in A.S. No. 216 of 1956. The appeal is filed under section 7 (1) of the Madras Estates Supplementary Act, 1956 (Act XXX of 1956), which shall hereafter be referred to as the Act. The order of the Estates Abolition Tribunal, which in turn set aside the order of the Settlement Officer IV, Tiruchirapalli, held that Inam Kudimeri was not an inam estate within section 2 (7) of the Abolition Act (XXVI of 1948), and that was passed on 15th May, 1957. Madras Act XXX of 1956 came into force on 3rd August, 1957. Under section 7 of the Act, read with section 11, a right of appeal is provided against the decisions of the Estate Abolition Tribunal to the Special Appellate Tribunal. Prior to the Act, there was no appeal against such orders. The petitioner, evidently oblivious of the right conferred, applied to this Court under Article 226 of the Constitution in W.P. No. 725 of 1955 to call for records in A.S. No. 216 of 1956, on the file of the Estates Abolition Tribunal, Vellore, and to quash the order of the Tribunal therein. The Writ P
















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