Bench sets aside Kanyakumari Sub-Collector's order

: The Madras High Court bench has set aside the Kanyakumari Sub-Collector's order, cancelling the patta granted to 69 individuals with respect to lands provided to Aarachars (hangmen) in Agastheeswaram and Thovalai taluks and by the erstwhile King of Travancore about a century ago.
Allowing a batch of petitions by the present landowners, Justice T S Sivagnanam described the order as 'thorough misconception of the legal and factual position" and held that the cancellation appeared to be a sudden reaction to an individual's petition, whose credentials were questionable.
There was also a misconception that the Aarachar (hangmen) service was supposed to be performed for the state of Tamil Nadu and not Kerala.

The judge said members of a particular community worked as Aarachars to execute convicts sentenced to death. The erstwhile King of Travancore had provided lands to the family members on condition they should continue their service.
The Assistant Settlement Officer passed an order stating that ryotwari (agricultural land) patta would be issued in favour of the Aarachar under Section 11 of Madras Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963, subject to the condition that the Aarachar service continue to be performed in Kerala.
Later on their descendants sold their lands to various individuals,who had built as many as 20 houses on the property after getting its classification converted from agricultural land and obtaining building plan permissions.The Sub-Collector wanted to retrieve lands for construction of houses by the Tamil Nadu Slum Clearance Board.

The Judge said the Sub-Collector's order virtually nullified all sale transactions which took place since 2005. It had cancelled mutations effected in the past nine years which were also effected by revenue officials.

The validity of the impugned order after grant of approval for converting agricultural land to residential layout was a big question mark.
"Unless and until the ryotwari pattas granted to Aarachars in 1967 are terminated or cancelled or modified in the manner known to law, the question of nullifying the subsequent transactions would not arise."
"The Sub-Collector's action is like putting the cart before the horse. The entire proceedings are in a total disarray, principles of natural justice have been thrown to the winds, arbitrariness looms large on the face of the impugned order, perversity is manifest,and it does not satisfy reasonableness or fairness," the Judge said allowing the petitions.