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25. The necessary inference is that the British recognised that the State had no inherent right in law to be the owner of all mineral wealth in this country. They recognised that such rights could inhere in private parties, at least Zamindars and Inamdars or ryots claiming under them in a given case.

26. Coming to the ryotwari tenures, this Court held that they were governed by the standing orders issued from time to time by the Revenue Board. Under the ryotwari system land was given on lease by the government to the ryot under a patta. Noticing the salient features of the ryotwari system as explained in various authoritative works, this Court opined that “though a ryotwari pattadar is virtually like a proprietor and has many of the advantages of such a proprietor”, such pattadar was never considered a proprietor of land but only a tenant.[13]

27. We must remember that in the case of Kunhikoman (supra), the petitioners did not claim any adjudication of their rights as holders of jenmom lands. On the other hand, the appellants asserted that they were holders of ryotwari pattas issued according to ryotwari settlement in the erstwhile State of Madras under the revenue Board Standing Order. This Court further recorded:-

“……..it is not in dispute that the ryotwari system was introduced in the South Canara District in the earlier years of this century”

43. In those areas of the Old Madras Province to which the Estates Land Act applied, the minerals came to be vested in the State by virtue of the subsequent statutory/declarations (which are already taken note of). But with reference to those areas where the above-mentioned Act had no application, such as the Malabar area of the Old Madras Province, which is now a part of the State of Kerala, or areas where the ryotwari system was in vogue, the proprietary right to the subsoil should vest in the holder of the land popularly called pattadar as no law in the pre or post constitutional period is brought to our notice which transferred such right to the State.

44. We must also hasten to add that even with reference to those areas of Old Madras Province, whether the ryots securing pattas pursuant to the abolition of the estates under the Estates Abolition Act, 1948 etc., would be entitled to subsoil rights or not is a question pending in other matters before this Court. Whether the patta granted pursuant to the provisions of the Estate Abolition Act etc., would entitle the pattadar to subsoil/mineral rights or is confined only to surfacial rights is a matter on which we are not expressing any opinion in this case. We are only dealing with the legal rights of the pattadars holding lands under the ryotwari system of the Old Madras Province, i.e. other than the lands covered by the Estates Land Act – Inam Lands.