High Courts(1915) 02 MAD CK 0013

T.R.M.T. Subramaniam Chettiar vs The Secretary of State for India

Madras High Court · Decided on 23 February 1915 · Citation: AIR 1916 Mad 696(2) : (1915) 2 LW 353 : (1915) 28 MLJ 392

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Judgment

10 paragraphs · 217 words
1.

This is an appeal from a decree of the Subordinate judge''s Court of Ramnad dismissing a suit brought by the plaintiffs against the Secretary of

State for India in Council for a declaration that the Government order of the 10th February 1510 directing the suit village to be fully assessed was

not valid and for an injunction. The evidence clearly shows that the suit village was lakiraj or exempt from the payment of revenue at the date of the

Permanent Settlement and that it was excluded from the settlement u/s 4 of the Regulation 25 of 1802. Further it is now admitted that the Section 2

of the Regulation 31 of 1802 which confirmed certain grants of this kind did not apply to Ramnad where the suit village is situated. The Inam

Commissioner in 1864 recommended that the village should be fully assessed, but it was not until February 1910 that effect was given to his

recommendation by Exhibit A.

2.

The case is clearly governed by the decision in Uddupalli Jagannadham v. The Secretary of State for India in Council ILR (1908) M. 16. But

there is no period of limitation for the exercise by Government of its right to impose assessment on land liable thereto. The appeal therefore fails

and is dismissed with costs.