Chennai Court September 1954 Judgments
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The Thiruvaduthurai Mutt Vs. the Estates Abolition Tribunal and ors.
Court: Chennai
Decided on: Sep-02-1954
Reported in: (1956)1MLJ382
ORDERRajagopalan, J.1. This is a petition under Article 226 of the Constitution to issue a writ of certiorari to quash the orders of the Estates Abolition Tribunal constituted under Madras Act XXVI of 1948, reversing the orders of the Settlement Officer in proceedings under that Act. The Settlement Officer held that the area of the lands held by the petitioner in Esanamatam village in Tirunelveli District did not constitute an estate. On appeal to the Tribunal, a majority consisting of two of the members held that it was an estate. The other member held that it was not an estate.2. The opening paragraph of the Judgment of the majority of the Estates Abolition Tribunal ran:Inam Esanamatam consists of (I) 5 isolated hamlets in rain-fed areas with wet and dry lands; (a) isolated wet blocks in and out of Tirunelveli Municipal Limits in four villages in the Tambraparni area. There is one karnam for all the bits maintaining one set of accounts.One should have thought that such a finding by i...