LexARULMIGHU LAKSHMI NARAYANASWAMY TEMPLE, REP. BY ITS CHAIRMAN, BOARD OF TRUSTEES versus NALLAMMAL (DEAD) THR. LRS. & ORS.
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[2011] 12 S.C.R. 627 ARULMIGHU LAKSHMI NARAYANASWAMY TEMPLE, REP. BY ITS CHAIRMAN, BOARD OF TRUSTEES v. NALLAMMAL (DEAD) THR. LRS. & ORS. (Civil Appeal No.3537 of 2002) SEPTEMBER 13, 2011 [P. SATHASIVAM AND DR. B.S. CHAUHAN, JJ.] Tamil Nadu .Minor lnams (Abolition and Conversion into Ryotwari) Act, 1963: Object of the Act - Discussed. A B c ss.2(5), 8 - Lands in question notified as minor lnam lands under the Act - The lnams held not only by the appellant-Temple but also by other four temples and these D particulars reflected in the lnam settlement proceedings and title deeds issued to the grantees - Whether proceedings can be taken for issue of Ryotwari patta under the Act - Held: Once the lands are notified as minor lnam lands under the Act, the same is binding on the authorities constituted under E the Act and they cannot go beyond the Act and decide the character of the lands, namely, whether the lands are minor lnam lands or not - Proceedings can be taken for issue of Ryotwari patta under the Act. Words and phrases: lnam, lnam lands, Melvaram, Kudiwaram - Meaning of. F The question which arose for consideration in the instant appeal was whether the lands in question situated in Komarapatayam Agraharam hamlet were not minor G inam lands and, therefore, they were not liable to be resumed and converted into Ryotwari lands after the commencement of the Tamil Nadu Minor lnams (Abolition and Conversion into Ryotwari) Act, 1963. 627 H 628 SUPREME COURT REPORTS . [2011] 12 $.C.R. A Dismissing the appeal, the Court HELD: 1. The Tamil Nadu Minor lnams (Abolition and Conversion into Ryotwari) Act, 1963 was enacted to provide for the acquisition of the rights of lnamdars in minor lnams in the State of Tamil Nadu and the 8 introduction of Ryotwari settlement in such lnams. By virtue of Section 2(5), "lnam" means (i) a grant of the melvaram in any inam land; or (ii) a grant of both the melvaram and the kudiwaram in any inam land which grant has been made, confirmed or recognized by the C Government. The expression "Malevarm" referred to in Section 2(5) means the share of the produce due to the landlord and the expression "Kudiwaram" means the cultivator's share of the produce. Chapter Ill of the Act deals with "Grant of Ryotwari Pattas". Section 8 deals D with grant of Ryotwari Pattas. In terms of Section 8, any person claiming to be entitled to Kudiwaram right has to prove the .same by virtue of any grant in his favour or in favour of his predecessors-in-interest and the Kudiwaram interest being a peculiar concept, depending upon the E status and grant only, could not be claimed to have been acquired by mere possession or cultivation of lands for any length of time. Such rights as an ordinary cultivating tenant, have got to be asserted or sustained or substantiated under the ordinary tenancy law. [Paras 6, F 7) [633-H; 634-A-C-E-G] 2. It was not in dispute that in respect of suit lands, the lnam grant was confirmed by the British Government and title deed was also issued in favour of the appellant- G Temple by the lnam Commissioner. Inasmuch as the lands were Minor Inam lands, they were notified and taken over by the Tamil Nadu Government under 1963 Act, therefore, patta proceedings were initiated under the said Act and the Assistant Settlement Officer granted Ryotwari Patta in favour of the appellant-Temple at Komarapalyam 1-f ARULMIGHU LAKSHMI NARAYANASWAMY TEMPLE, REP. BY ITS 629 CHAIRMAN, BOARD OF TRUSTEES v. NALLAMMAL (D) THR. LRS. in respect of Survey Nos. 2/1, 2/2, 3/1 and 3/3 and A classified Survey No. 3/2 as Cart track Poramboke. [Para 8] [635-C-D] K.M. Sengoda Goundar & Ors. v. State of Madras & Anr. (1973) 2 SCC 662; Sellappa Goundan & Ors. v. Bhaskaran & Ors. (1960) 2 MLJ 363 -Distinguished. B 3. It is clear that these lnams were held not only by the appellant-Temple but also by other four temples and · these particulars were reflected in the lnam settlement proceedings and title deeds were .issued to those c grantees. The extracts from the Fair lnam Register, clearly supported the stand of the respondents. Once the lands are notified as minor lnam lands under 1963 Act, the same is binding on the authorities constituted under the Act. Thereafter, they cannot go beyond the Act and decide the 0 .. character of the lands, namely, whether the lands are minor lnam lands or not. The impugned order passed by the High Court
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