This is an application for the issue of a writ of certiorari to quash the proceedings and the decision of the Estates Abolition Tribunal at Madurai, dated 22nd May, 1950, in Revenue Appeal No. 54 of 1950. The only ground on which the writ is sought is that only two members of the Tribunal heard and disposed of the appeal filed by the petitioner under section 9(4) of Madras Act XXVI of 1948, when the Tribunal as constituted by the Government consisted of three members. The petitioner is a mortgagee of a village in Ramnad Taluk. The settlement officer, Ramnad, acting under section 9 of the Madras Act XXVI of 1948 held an enquiry and declared the village not to be an inam estate as defined in section 2(7) of the said Act. Against his decision there was an appeal to the Estate Abolition Tribunal at Madurai by a ryot of the village. Two members of the Tribunal sat and heard the appeal and by their judgment dated 22nd May, 1950, reversed the decision of the settlement officer and declared the village to be an inam estate.

The following are the provisions of Madras Act XXVI of 1946 material for disposal of the contention raised in this case. Section 2(14) defines Tribunal as "a Tri