The court affirmed that Jamma Malai tenure is a limited but transferable property right, not a lease, and previous judicial decisions dictate the rights of the parties involved.

CAV ORDER

1. The petitioners are before the Court seeking for the following reliefs:

a. ISSUE a Writ In the nature of Writ of Certiorari or any other writ, quashing the order passed by the third respondent in case no. Bhoomi (SL) CR 66/2005-2006 dated 16-12-2011 as per ANNEXURE-S and also the Show Cause Notice bearing no. Bhoomi (SL) CR 66/2005-2006 dated 16-12-2011 issued by the third Respondent as per ANNEXURE - T.

b. ISSUE a Writ in the nature of Writ of Mandamus or any other Writ, directing the Respondents to comply with the orders passed by this Hon'ble Court, in Writ Petition No.4013/2007 dated 15-3- 2009 as per ANNEXURE-L; AND

c. ISSUE such other writ, order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case including an order as to cost in the interest of justice and equity.

2. The Petitioners assert that an extent of 488.06 acres of land situated at Chelavara Village, Napoklu Hobli, Virajpet Taluk, Kodagu District, comprising the following survey numbers originally belonged to the Pattacharavanda family.

• Sy.No.129/3 – 9.74 acres

• Sy.No.154/8 – 2.24 acres

• Sy.No.154/31 – 40.00 acres

• Sy.No.154/32 – 35.00 acres

• Sy.No.154/33 – 35.00 acres

• Sy.No.154/34 – 120.00 acres

• Sy.No.154/35 – 97.00 acres

• Sy.No.154/36 – 104.42 acres

• Sy.No.170 – 16.54 acres

• Sy.No.173 – 5.00 acres

• Sy.No.174 – 3.78 acres

• Paradeena land in Sy.No.154/2 – 19.34 acres

3. It is their case that these lands were granted more than 300 years ago by the erstwhile Rulers of Coorg. The lands were allegedly classified as Jamma Sagu Malai lands, a category historically associated with hereditary cultivation rights, particularly for plantation crops such as cardamom. According to the Petitioners, the grantees and their susccessors cultivated cardamom and other plantation produce, paying assessment initially to the Rajas of Coorg and subsequently to the Coorg Government after administrative transition. The Petitioners thus trace their claim not merely to a private transaction, but to an asserted pre-colonial grant, continued under successive sovereign administrations. However, it is admitted that due to arrears of land revenue, the Government is stated to have resumed possession of the lands in the year 1926 for recovery of dues.

4. Following resumption for arrears, the Coorg Government, acting through its Revenue Authorities, conducted a public auction under the provisions of the Coorg Land and Revenue Regulations in 1926. One Palekanda Medappa, then serving as District Judge, emerged as the highest bidder. Upon completion of auction formalities, Sale was confirmed, Possession of the lands was delivered;, Revenue records were mutated in his name. The Petitioners rely upon this auction as a fresh root of title, contending that the State itself alienated the lands through a lawful public process.

5. In 1941, Palekanda Medappa executed a registered sale deed in favour of Sri.Emmanuel Thomas Rampuram. The sale is stated to have been effected pursuant to orders of the Commissioner of Coorg. Consequent mutation proceedings were undertaken, and the revenue records were transferred in the name of Sri Emmanuel Thomas Rampuram. He remained in possession and enjoyment of the lands, paying land revenue and cultivating the property. The Petitioners emphaside this long, undisturbed possession as indicative of recognition of proprietary or at least transferable rights.

6. In 1975, Sri.Emmanuel Thomas Rampuram sought permission from the Deputy Commissioner to remove certain standing trees. The request was refused, thereby giving rise to a dispute regarding t