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Dhenuvakonda Venkatasubbayya Vs. Unde Rajah Sri Raja Velgoti Govinda Krishna Bahadur, Rajah of Venkatagiri - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in85Ind.Cas.282
AppellantDhenuvakonda Venkatasubbayya
RespondentUnde Rajah Sri Raja Velgoti Govinda Krishna Bahadur, Rajah of Venkatagiri
Cases ReferredTanguthur Narasimham v. Singaraju Ramiah
Excerpt:
madras proprietary estates village service act (ii of 1894), section 15(2) - notice to proprietor by person other than collector, validity of--appointment by divisional officer, validity of--suit to recover office--burden of proof. - .....was asked to make certain nominations. he sent up his nominations on 18th august 1913. the sub-divisional officer vetoed the nominations on the ground': that the nominations were not made within sit weeks of, the receipt of notice by the proprietor. the proprietor and the nomjnees preferred an appeal to the collector who set aside the orders of the sub-divisional officer as being void. it is argued by mr. ramachandra iyer that there is no appeal against the appointment made by the sub-divisional officer in the case, of a reduction of the village establishment and he relies on krishnaswami naidu v. akkulammal 50 ind. cas. 185 : (1919) m.w.n. 29. no doubt the collector cannot hear an appeal against an appointment made under section 15 of the act by the revenue officer in charge of the.....
Judgment:

Devadoss, J.

1. The point urged by Mr. Ramachandra Iyer in this appeal is that the' proprietor in this case the Maharaja of Venkatagiri, did not send up nomination lists within six weeks allowed him under Section 15 of the Madras Act II 1894. The Collector of the District found on enquiry as appears from his proceedings filed as Ex. I, 'that no such formal requisition was issued from his office, and the arrangements made in the marginally noted 21 villages, which fall under para. 2 of Section 15 of the Act are ab initio void, and are, therefore, hereby concelled.' Under Section 15 of the Act it was the duty of the District Collector acting under Section 7 to give notice to the proprietor of his action and the proprietor shall thereupon dispense with the services of the officers no longer required and retain those whom he-might consider to be best qualified to discharge the duties of the offices and report his action within six weeks, to the Revenue Officer in charge of the division. The statutory duty is cast upon the Collector to give notice to the proprietor of his action under Section 7. It cannot be stated that any notice by any subordinate of his fulfils the conditions laid down in Clause 2 of Section 15. As a proper notice is required ' to be given by Clause 2 of Section 15, the statutory obligation of the Collector cannot be dispensed with and nobody else can, in his place, give a valid notice, as required by Clause 2. In this case, a notice was given by the Sub-Collector on 13th May 1913 to the proprietor of what had been done by the Collector, and. the proprietor was asked to make certain nominations. He sent up his nominations on 18th August 1913. The Sub-Divisional Officer vetoed the nominations on the ground': that the nominations were not made within sit weeks of, the receipt of notice by the proprietor. The proprietor and the nomjnees preferred an appeal to the Collector who set aside the orders of the Sub-Divisional Officer as being void. It is argued by Mr. Ramachandra Iyer that there is no appeal against the appointment made by the Sub-Divisional Officer in the case, of a reduction of the village establishment and he relies on Krishnaswami Naidu v. Akkulammal 50 Ind. Cas. 185 : (1919) M.W.N. 29. No doubt the Collector cannot hear an appeal against an appointment made under Section 15 of the Act by the Revenue Officer in charge of the division. But in this case the appellant seeks to recover the office from the second defendant who had been appointed subsequently on the nomination of the proprietor. The Collector, 'ho doubts-set aside the order of the Sub-Divisional Officer as being void. Whether that order is sanctioned by law or not, when the appellant comes before the Court claiming the village, office on the ground of his having been validly appointed, it is his duty to make out that he has been validly appointed. Seeing that no notice was given as required by Section 15, Clause 2, by the Collector to the proprietor before 21st August'1913, the nomination sent up by the proprietor on 22nd August 1913 was not out of time. As observed by the learned Judges in the case reported as Tanguthur Narasimham v. Singaraju Ramiah 54 Ind. Cas. 728, it is quite open for the Collector to call up nomination on a new office being created or reduction of the village establisnment being effected. No notice having been given by the Collector before 18th August 1913, the proprietor was not called upon to make any nomination and any nomination made by him on 22nd August 1913 could not be considered, therefore, to be out of time and the action of the Sub-Divisional Officer in vetoing the nomination of this officer and making an appointment without reference to the nomination of the proprietor is certainly unwarranted and illegal; and the appointment of the plaintiff one of the persons who were so appointed by the Sub-Divisional Officer cannot be valid. When the plaintiff has not been validly appointed he cannot claim the office from another person who is in possession of it. The Subordinate Judge has correctly decided the case. In the result the appeal fails and is dismissed with costs.

2. It is brought to my notice that the plaintiff died and his legal representative has been brought on the record. Mr. Krishnaswami Iyengar says that even if the plaintiff had right of action his legal representative, had no right of action. It is not necessary for me to consider this point in view of my decision on the other point.


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