The classification of land as Government Poramboke under the Tamil Nadu Minor Inams Act precludes the granting of patta, and the burden of proof lies on the claimant to establish pre-existing rights.

JUDGMENT

(Judgment of the Court was delivered by P.VELMURUGAN,J)

This Special Tribunal Appeal has been filed against the judgment and decree, dated 30.11.1990, made in I.T.C.M.A.No.1 of 2005, on the file of Sub Court, Pudukkottai.

2. The brief facts of the case are as follows:

The 1st respondent submitted an application for granting patta in favour of him before the second appellant herein. The 1st respondent purchased the property under two registered sale deeds, dated 19.06.1985 and 24.06.1985 in Survey No.1/1 (New Survey No.17) from one Muthaiya Chettiar. After purchasing the property, he gave an application before the District Revenue Officer for issuance of patta. The District Revenue Officer, in his proceedings in Na.Ka.No.62478/88/B3 dated 16.02.1989, gave a direction to include the other joint owners of the properties in the revenue records. The first appellant/District Collector, Pudukkottai, in his proceedings in Na.Ka.No.531/85/Ka.Ma.Su dated 02.06.1989, granted permission for quarrying in the above said lands. When the third party tried to interfere with his possesion, he has filed a suit against the third party and got a decree. So based on that, he requested to grant patta in his name for the subject matter of the property. The second appellant rejected the claim of the 1st respondent by proceedings in Na.Ka.No.2(2)/776/05, dated 21.03.2005. Challenging the rejection order passed by the second appellant, the 1st respondent filed an appeal in M.I.T.C.M.A.No.1 of 2005 before the Minor Inam Appellate Tribunal cum Subordinate Judge, Pudukkottai. The Tribunal, after hearing both the parties, allowed the appeal and set aside the order passed by the second appellant and directed to grant Ryotwari patta to the 1st respondent herein. Aggrieved over the order of the Inam Appellate Tribunal, the respondents therein have filed the present appeal before this Court.

3. The learned counsel for the appellants would submit that the decision made in the judgment of this Court, dated 30.07.1987 is that the entire village of Perunjinai originally belonged to Pudukkottai District and has given a finding that the total area of village is 565.61 acres, out of which, the Inam grant is only in respect of 418.85 acres. Therefore, it cannot be said that the subject matter of the property is covered under Pudukkottai Inam Estate or part Village Inam Estate. However, it has not come under the new Inam Estate. The 1st respondent wrongly got joint patta in his name by stating that the subject land has not come under the provision of Tamilnadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 30 of 1963 (hereinafter called as 'Act 30 of 1963'). Though against the order of this Court, the villagers had approached the Hon'ble Supreme Court, subsequently, the said appeal was withdrawn by the villagers. Thereafter, in view of the establishing the current position of law and the Act, the entire village had been declared under the Act 30 of 1963. The suit was filed within the two individuals in O.S.No.844 of 1985 and then, an appeal was filed in A.S.No.100 of 1989 on the file of the District Court, Pudukkottai, wherein the Government was not a party to the said suit and appeal. Therefore, that decision rendered in the above said suit and appeal will not bind the Government herein since the Government was not a party to the said suit.

4. Therefore, based on the decision, arising out of the dispute between two individuals, any relief cannot be claimed against the Government. In the letter issued by the Revenue Department dated 06.04.1992, a request was made to the Commissioner (Land Administration) to send necessary proposal to the Government to cancel the Notification issued under the Act 26 of 1963 in respect of the four villages, namely, Nilayapatti, Karampatti, Kothandaramapuram and Perunjinai village of Pudukkottai District and to issue a fresh Notification to settle these villages as Minor Inam villages under Act 30 of 1963. The District Revenu