S. THENAPPA CHETTIAR ETC. versus STATE OF TAMIL NADU

Citation: [1986] 1 S.C.R. 421 · Decided: 04-03-1986 · Supreme Court of India · Bench: E.S. VENKATARAMIAH · Disposal: Dismissed

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Judgment (excerpt)

421 
S. 'lllEN.\PPA CHE'ITIAR ETC. 
v. 
STATE OF TAMIL NADU 
MARCH 4, 1986 
[E.S. VENKATARAMIAH AND M.P. THAKKAR, JJ.] 
Tamil Nadu Inam Estates (Abolition and Conversion into 
Ryotwari) Amendment Act, 1969 (Act 23 of 1969), constitutional 
validity of - Whether the legislation is covered and protected · 
by Article 31A of the Constitution -
Constitution of India, 
1950, Articles 14, 19,31 and 31A. 
The princely State of Pudukottai got merged with the 
Indian Union with effect from March 3, 1948 as a result of 
which it becaioo part of the Madras Province.· Pursuant to the 
report of the Prakasam Conmittee constituted in 1937 to look 
into the question of agrarian reform in Madras Province, the 
Madras Estates (Abolition and Conversion into Ryotwari) Act, 
1948 
(Madras Act 
26 of 1948) was 
passed by the Madras 
Legislature. The said Act applied to all estates, namely, 
zamindaries, under tenures and inam estates as defined in 
section 3, clause (2) of the Madras Estates Land Act, 1908; 
except inam villages which became "estate" by virtue of the 
Madras Estates Land (Third Amendment) Act 1936. The said Act 
was 
intended to provide for the repeal of the permanent 
settlement, the acquisition of the rights of the land holders 
in permanently settled and certain other estates in the 
Province of Madras 
and the introduction of the ryotwari 
settlements in such estates. Thereafter for the purpose of 
completing the process of agrarian reform, the Tamil Nadu Inam 
Estates (Abolition and· Conversion into Ryotwari) Act, 1963 
(Act 26 of 1963)·was passed. Act 26 of 1963 provided for the 
acquisition of all rights of the land holders in inam estates 
in the State of Tamil Nadu and the int£oduction of the 
ryotwari settlements in such estates. The estates to which 
this Act was applicable were of two kinds; (i) existing inam 
estates; and (ii) new inam estates. The existing inam estates 
were inam villages which became estates by virtue of the 
Madras Estates Land (Third Amendment) Act, 1936. They were 
whole villages. 
The 
new 
inam estate which was 
a 
new 
A 
B 
c 
D 
E 
F 
G 
H 
A 
B 
c 
D 
E 
F 
G 
422 
SUPREME COURT REPORTS 
[1986] 1 s.c.R. 
nomenclature evolved for the purpose of Act 26 of 1963, meant 
a part village inam estate or a Pudukottai inam Estate as 
defined in section 2(14) of that Act. Then came the Tamil Nadu · 
Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963; 
(Act 30 of 1963) which provided for the acquisition of minor 
inams 
in 
the 
State and 
introduction of 
the 
Ryotwari 
settlements in such inams. This was followed by the Tamil Nadu 
Inams (Supplementary) Act, 1963 (Act 31 of 1963) providing the 
machinery for the determination of the questions whether ai 
non-ryotwari area in the State of Tamil Nadu was or was not an! 
· existing inam estate, apart village in an estate, a minor 
inam, or whole inam village in Pudukottai. ' 
The appellants and other persons who were similarly, 
situated made applications for the grant or ryotwari pattas in 
respect of such lands which they claimed to be in their 
possession on the· basis that their lands were covered by Act 
30 of 1963, In some cases ryotwari pattaa were issued and in 
some cases the proceedings were still pending. At that time, 
the Government of Tamil Nadu on the representation made by the 
ryots of Pudukottai area appointed a special officer for the 
purpose of investigating into the character of the lands held 
as inams in Pudukottai area, who on an examination recoanended 
that 116 part iiiam villages should be brought within the 
purview of Act 26 of 1963. Accepting the said recomnendations ~ 
the Tamil Nadu Government passed the Tamil Nadu Inam Estates 
(Abolition and Conversion into Ryotwari) Amendment Act, 1969 
(Act 23 of 1969), In the added Schedule lA to Act 26 of 1963, 
' 
by the 1969 Act, the two appellants' lands were shown .e 
serial Nos. 2 and 110, The effect of the Act on the rights of 
the appellants was (i) that their lands came within the scope 
of Act 26 of 1963 with retrospective effect i.e. 15.2,65; and 
\ii) that their lands were not covered by Acts 30 and 31 of 
1963 and as such any amount paid under Act 30 of 1963 wi!ii 
recoverable with interest thereon at the rate of 3 per cent 
per annum as if it were an arrear of land revenue and all 
pending proceedings under the said two Acts abated. The 
appellants therefore filed writ petitions before the Madras 
High Court challenging the said Act of 1969, The H

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