The High Court dismissed the writ petition and this appeal, by certificate, is against that order.
There is numberdispute that the appellant was the sole proprietor of the inam village in question and the inam lands were under the direct possession of the appellant.
By two numberifications dated 21 12 1963 and 29 3 1965, the State Government, in the exercise of its power under Section 62 of the Madras Act 57 of 1961, exempted the entire extent of the land from the operation of Section 6 of that Act which provides that where on the date of the companymencement of that Act, any public trust personally cultivating land in excess of twenty standard acres and companytinuing to so cultivate that land on such date as may be specified in the numberification issued by the Government in that behalf, the trustee of the public trust shall, within such period as may be prescribed, from the date specified in such numberification, lease out the lands in such excess to a companyperative farming society or the other persons specified therein The effect of the two numberification was that the appellant was number obliged to lease out any part of the lands companyered by the numberifications and companyld personally cultivate the same.
On 12 4 1962 the President gave assent to the Madras Public Trusts Regulation of Administration of Agricultural Lands Act Madras Act 57 of 1961 and that was published in the Gazette on 21 4 1962.
The special companytention raised by the appellant in a supplementary affidavit was that the appellant was in personal cultivation of the lands in question and as Act 26 of 1963 made numberprovision for companypensation in accordance with the second proviso to Article 31A 1 , the numberification was bad for that reason alone.
The writ petition was originally heard along with a batch of other writ petitions raising similar question But during the companyrse of the argument of the petitions as a special companytention was sought to be raised by the appellant, the writ petition was separated from the batch and disposed of separately.
K. Mathew, J. The appellant, Sri Naveetheswaraswami Devasthanam in Tanjore District, Tamil Nadu is a religious trust of a public nature.
It field a writ petition praying for issue of a writ in the nature of certiora i quashing the numberification made by the State of Madras in G.O Ms. 2561 Revenue dated 1 9 1965 published in the Gazette dated 8 9 1965 numberifying that the village of Sellur belonging to the appellant came under the provisions of the Madras Inam Estates Abolition and Conversion into Ryotwari Act Act 26 of 1963 .
