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1959 Supreme(Mad) 65

P.V.RAJAMANNAR, RAMACHANDRA.IYER, GANAPATIA PILLAI
K. S. Lakshmipathy Nayakar – Appellant
Versus
The State of Madras represented by the Collector of Mathurai – Respondent


Advocates:
V. Vedantachari and V. C. Srikumar, for the Petitioner in both the Petitions.
The Advocate-General (V. K. Thiruvenkatachari) and The Additional Government Pleader (K. Veeraswami) on behalf of the Respondents in both the Petitions.

Ramachandra Iyer, J.-

These are applications under Article 226 of the Constitution for the issue of a writ mandamus and certiorari respectively to direct the respondent to forbear from interfering with the petitioner’s right, possession and enjoyment of the Melakulam and Appasamudram tanks within the limits of what was once Idayakottai zamin in Palani taluk in Madurai district, and to call for the records and quash the order of the Estates Abolition Tribunal, Madurai, in R.A. No. 19-1953, dated 14th July, 1953, which affirmed the order of the Settlement Officer, Madurai, dated 29th September, 1952, made in Case Nos. 9 to 14 PLN 51, holding that a ryotwari patta in respect of the tanks referred to above could not be granted to the petitioner. In view of the general importance of the questions raised, these petitions have been posted before a Full Bench.

The petitioner was the zamindar of Idayakottai which is situated in Palani taluk in Madurai district. The zamin was notified as a zamindari estate and taken over by the Government on 3rd September, 1951, under the provisions of the Madras Estates (Abolitition and Conversion into Ryotwari) Act (XXVI of 1948), which shall hereinafter be



















































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