The District Collector lacks jurisdiction to negate the title granted by the Inam Abolition Tribunal, reaffirming the finality of the Settlement Tahsildar's order.

 ORDER :

(N. ANAND VENKATESH, J.)

This writ petition has been filed challenging the impugned proceedings of the 1st respondent dated 09.07.2020 and for a direction to forbear the respondents from interfering with the lands belonging to the petitioner measuring 9.761 acres, 11.40 acres and 9.98 acres in Survey Nos.24, 25 and 124 respectively at Kaliyanoor Village, Namakkal District.

2.The case of the petitioner temple is that they are the owners of the following properties:

3.In the year 1972, the Settlement Tahsildar, Salem conducted an enquiry and passed an order to the effect that Kaliyanoor Agraharam is an Inam Estate which was notified and taken over by the Government in G.O.Ms.No.781 dated 12.03.1965 under Act 26 of 1963 . The Settlement Tahsildar in his proceedings dated 30.06.1972 granted Ryotwari Patta under Section12 read with Section 10(1)(i) of Act 26 of 1963 in favour of the petitioner temple. By virtue of the same proceedings, it was declared that the subject lands belongs to the temple and accordingly, Ryotwari Patta was granted under Act 26 of 1963 .

4.The above order passed by the Settlement Tahsildar was challenged by way of an appeal before the Tribunal in MIA No.2 of 1973 and the order passed by the Settlement Tahsildar was set aside and the matter was remanded for fresh enquiry. The Settlement Tahsildar once again conducted fresh enquiry and by an order dated 20.10.2075 granted joint patta in the name of Palaniyappan, Kaliyappan and Ramasamy. Hence, the matter was once again taken up on appeal before the Tribunal in MIA No.2 of 1976. Once again, the Tribunal set aside the order passed by the Settlement Tahsildar and remanded the matter for fresh disposal. There upon, the Assistant Settlement Officer, Salem passed an order granting patta in favour of the petitioner temple. This was challenged before the Minor Inams Tribunal in MIA No.1 of 1979 and the Tribunal confirmed the grant of patta in the name of the temple under Act 26 of 1963 . Thus, it is the specific case of the petitioner temple that the order of the Settlement Tahsildar was ultimately confirmed by the Tribunal.

5.One Kaliyanna Gounder and eight others filed a suit in O.S.No.601 of 1987 before the Civil Court at Thiruchengode seeking for a declaration with respect to the property in S.Nos.24, 25 and 124 and sought for the relief of permanent injunction. Initially an ex-parte Decree was passed and later, on the application filed by the temple, the ex-parte Decree was set aside by an order dated 20.08.1997. Taking advantage of the ex-parte Decree, certain Sale Deeds came to be executed with respect to the lands in S.No.24. Thereafter, on 01.12.1992, the Housing Board had sent a letter intending to purchase the lands belonging to the temple under Section 34 of the Act. The said request was not able to be proceeded further. The various Sale Deeds that were executed did not bind the petitioner temple since it was done without obtaining permission under Section 34 of the HR & CE Act. That apart, certain encroachments were made in the subject properties and steps were taken for the removal of the encroachments from the property.

6.While so, the Government Engineering College was proposed to be constructed in the land in S.No.24 and Regional Transport Officer was sought to be constructed in the land in S.No.25 and objections were invited. The same came to be questioned by one A.Shanmugam and two others by filing W.P.No.19160 of 2017 before this Court stating that S.Nos.24 and 25 belongs to the temple. This Court disposed of the writ petition by an order dated 26.07.2017, directing the Joint Commissioner of HR & CE Department, Salem to conduct an enquiry. The petitioners who filed the writ petition appeared before the Joint Commissioner. Thereafter, a report was submitted. The 2nd respondent through order dated 09.10.2017 held that S.Nos.24 and 25 are under the control and supervisi