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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dr.Justice G.Jayachandran, Ms.Justice R.Poornima, JJ
S.I. Basheer Ahamed – Appellant
Versus
State of Tamil Nadu, rep. by its The District Collector, Collectorate, Tiruchirapalli – Respondent
JUDGMENT :
In INAM C.M.A.No.1 of 2007 and INAM C.M.A.No.1 of 2012, the Principal Subordinate Judge cum Tribunal constituted under Tamilnadu Inam Estate (Abolition and Conversion into Ryotwari) Act , 26/1963 along with the Cross Appeal No.63 of 2011 in INAM C.M.A.No.1 of 2007 passed the common order dated 28.07.2021 dismissing the Civil Miscellaneous Appeals and the Cross Appeal.
2.Both the Inam CMAs were preferred by one S.I.Basheer Ahamed, S/o Sheik Ibrahim(inamdar). The Cross Appeal No.63 of 2011 in Inam C.M.A.No.1 of 2007 was by Ayisha Parveen Bijili, Fathima Sheras Bijili, Arifa FArshama Bijili, Jiyavur Rahaman Bijili and Hussain Bijili ( family members of G.S.Bijili, a rival claimant- herein after to be referred as private individuals).
3.In INAM C.M.A.No.1 of 2007, the District Collector, Trichy, Defence Estate Officer and the Private individuals are arrayed as respondents.
4.In INAM C.M.A.No:1 of 2012, the Assistant Settlement Officer( North), Thasildar, Trichy, the Trichy District Jaggery & Jaggery Partner Merchants Association along with Private individuals are arrayed as respondents.
5.While S.T.A.No.2 of 2022 is directed against the Order dated 28.07.2021 in INAM C.M.A.No.1 o
The burden of proof lies on the claimant to establish entitlement and lineage in inam land claims, particularly when historical grants are involved.
The central legal point established in the judgment is the applicability of the Inam Abolition Act, 1956 to the grant of Ryotwari patta for pre-settlement Inams, overriding the provisions of the Esta....
Point of law: Classification of the land is also an issue which can be dealt with by the survey officer under the provisions of the Madras Survey and Boundaries Act, 1897.
The court established that jurisdictional overreach by administrative authorities can invalidate their orders, necessitating adherence to procedural fairness.
Land granted under Inams Abolition Act confers ownership, which cannot be revoked without due process; arbitrary state action is unlawful.
Registered sale deeds and possession establish land ownership unless proven otherwise; the burden of proof lies with the claimant.
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