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1978 Supreme(Mad) 420

N.S.RAMASWAMI
Ganesan – Appellant
Versus
Madurai Asari – Respondent


Advocates Appeared:
For the Petitioners:T.V. Ramanujam, Advocate.
For the Respondent:K. Parasaran for Raj & Raj, Advocates, M. Raghavan & the Additional Govt, Pleader under notice from Court.

Judgment :-

1. These petitions for review of the judgment, dt. 23rd September 1977, reported in Ganesan v. Madurai Achari 91 L.W. 6=1977 T.L.N.J. 437 have arisen because the amendment to the Tamil Nadu Occupants of Kudiyiruppu (Conferment of Ownership) Act, 1971 (hereinafter referred to as the Kudiyiruppu Ownership Act,) had not been noticed at that time. The Tamil Nadu Occupants of Kudiyiruppu (Conferment of Ownership) Amendment Act 1975, (hereinafter referred to as the Amendment Act) was published in the Tamil Nadu Government Gazette on 27th March, 1976. By virtue of S. 1(2) of the said Amendment Act, the same shall be deemed to have come into force on the 24th of December 1971.

2. Unfortunately, the said amending provision was not brought to my notice by anyone when the second appeals were heard and the judgment delivered. The Court copy of the Act placed before me had also not been corrected by pasting the necessary amendment slip. In my judgment I have observed that the Act (referring to the Kudiyiruppu Ownership Act) nowhere states that the question as to whether a site is a Kudiyiruppu or not is within the exclusive jurisdiction of the Authorised Officer. In view of the Amend







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