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Showing contexts for: minor inam act in The District Collector vs R.Natesan on 1 November, 2018Matching Fragments
[Judgment of the Court was delivered by PUSHPA SATHYANARAYANA, J.] The common issue involved in these writ appeals is the whether the orders passed by the Sub Collector, Nagercoil, in ROC No.B4/5788/2013, dated 12.05.2014, as affirmed by the learned Single Judge, are sustainable in the eye of law ?
2.The orders have been passed in exercise of the powers under Section 21(7)(b) of the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 (hereinafter referred to as “the Minor Inams Act”) [Originally Madras Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963] modifying the names in the revenue records thereby reverting back the revenue records to the 1979 position in respect of 69 persons.
4.When the Minor Inams Act was introduced, there was proceedings before the Assistant Settlement Officer, Nagercoil. The persons, who were in actual possession of those lands, appeared and participated in the enquiry. It is found during the said enquiry that originally Arachar services is performed by way of Marumakkathayam, that is to say, matrilineal succession by the sons of the eldest sister. Accordingly, Thirumalayandar, S/o.Thirunamamudayar was doing Arachar service and after his death one Velayutha Perumal Pillai, who is the son of the eldest sister Deivayanai Thanammal was doing the service. Hence, he requested that the patta be issued in his name. After verification with the original survey numbers and the re-survey numbers and also on payment of tax, ryotwari patta was issued in favour of Velayutha Perumal Pillai for the lands mentioned in the schedule under Section 11 read with 8 (1) of the Minor Inams Act, on condition that the Arachar service will be continued to be performed in Kerala State, as and when orders are issued in the matter by the http://www.judis.nic.in Government of Kerala. The said order was passed on 25.04.1967 in S.R. 8/66 MMI Act.
23.The Minor Inams Act which was extended to the transferred territory by the Amendment Act 33 of 1964 applies to these inams and also to any other inams that may exist there. Since they constitute grant of lands, the holders of such lands will be entitled to patta under Section 8(1) of the Minor Inams Act, while under section 21, the obligation to http://www.judis.nic.in render service will be enforceable. Thus, the service inams has also been practicably abolished in the transferred territory and were brought under the ryotwari system.
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28.As stated earlier, the provisions of the Minor Inams Act have been http://www.judis.nic.in extended to the transferred territory. The settlement was commenced in September 1960 and completed in 1969-1970 by the Officers appointed for this purpose. In the transferred territory, there exists certain special tenures following customs peculiar to the erstwhile State of Travancore. The Arachar service is one of that kind. The abolition of this inams was attended to by the competent officer as part of the ryotwari settlement and the lands covered by this erstwhile tenure have also been brought under the settlement. Thus, in the proceedings dated 25.04.1967, the Assistant Settlement Officer, Nagercoil, in the proceedings No.S.R.8/66 MMI Act, had issued the ryotwari patta in favour of Velayutha Perumal Pillai, S/o.Sathamparayaer Pillai, for the lands mentioned in the schedule under Section 11 read with Section 8(1) of the Minor Inams Act.