Arulmighu Lakshmi Narayanaswamy ... vs Nallammal (Dead) Thr. Lrs. & Ors

2) Brief facts:

The Assistant Settlement Officer, by order dated 20.04.1981, granted Ryotwari Patta in favour of the appellant-Temple for Survey Nos. 2/1, 2/2, 3/1 and 3/3 and classified Survey No. 3/2 as Cart track Poramboke.

(h) Against the said order of the Tribunal, respondent Nos.

Inasmuch as the lands were Minor Inam lands, they were notified and taken over by the Tamil Nadu Government under Act 30 of 1963, therefore, patta proceedings were initiated under the said Act and the Assistant Settlement Officer, Thiruchengodu, by order dated 20.04.1981 granted Ryotwari Patta in favour of the appellant-Temple at Komarapalyam in respect of Survey Nos. 2/1, 2/2, 3/1 and 3/3 and classified Survey No. 3/2 as Cart track Poramboke.

(g) Aggrieved by the said order of the Assistant Settlement Officer granting patta in respect of Survey No. 3/1A in favour of the respondents, the appellant-Temple preferred an appeal before the Tribunal in M.I.A. No.1 of 1993. The Tribunal, by order dated 15.07.1996, allowed the appeal and set aside the order passed by the Assistant Settlement Officer, Dharapuram.

1-4 preferred an appeal being S.T.A. No. 12 of 1996 before the High Court of Madras. The Division Bench of the High Court, 5 by impugned judgment dated 09.10.2000, allowed the appeal and set aside the order passed by the Tribunal and remanded the matter to the Tribunal to decide the case on merits.

9) Aggrieved by the above order of the Assistant Settlement Officer, the Temple filed an appeal to the Tribunal being M.I.A. 10 No. 27 of 1981 against the classification of Survey No. 3/2 as Cart track and the respondents and other claimants filed M.I.A. Nos. 29-31 and 35 of 1981 in respect of the first four items mentioned above. By order dated 21.10.1982, the Tribunal allowed all the appeals and remanded the matter to the Assistant Settlement Officer for fresh disposal. Against the order of the Tribunal, the appellant-Temple filed S.T.A. Nos.

While accepting the contention of the appellant-Temple, the Court held that the lands are outside the purview of the Act No. 30 of 1963 and, therefore, cannot be subjected to grant of Ryotwari Patta. Only on this ground, the order of Assistant Settlement Officer was set aside. When this was challenged by way of Special Tribunal Appeal (STA) to the High Court, by impugned order dated 09.10.2000, the High Court allowed the appeal and remanded the case to the Tribunal.

12) Once the lands are notified as minor Inam lands under Act No. 30 of 1963, the same is binding on the authorities constituted under the Act. Thereafter, they cannot go beyond the Act and decide the character of the lands, namely, whether the lands are minor Inam lands or not. With these factual details, we agree with the conclusion arrived at by the High Court, particularly, in para 5 of its order.

13) In the light of the above discussion, we are unable to accept the stand taken by the appellant-Temple and we fully agree with the conclusion arrived at by the High Court. In view of the same, the appeal is liable to be dismissed as devoid of any merit. Inasmuch as the High Court, by impugned order dated 09.10.2000, remanded the matter to the Tribunal to decide the case on merit, we direct the Tribunal to dispose of the same as directed by the High Court within a period of six months from the date of receipt of copy of this judgment, after affording opportunity to all the parties concerned. The appeal is dismissed with the above direction. However, there shall be no order as to costs.

SEPTEMBER 15, 2011.