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  • Ryotwari) Act 26 of 1948, hereinafter referred to as the Act.
  • Rules, Sub-Rule(1) of the Rule
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Citation Codes
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citation codes
Case Number
Attorney(S)
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  • Ryotwari) Act 26 of 1948, hereinafter referred to as the Act.
  • Rules, Sub-Rule(1) of the Rule
  • Sub-Rule(2) of rule 1
Smart Summary

Structured Summary of the Judgment (Nainar Sundaram, J.)

Factual and Procedural Background

This writ appeal was filed against the order of the learned single Judge in Writ Petition No. 3500 of 1982. The writ petition was preferred by the petitioner in that writ petition (who is referred to in this judgment by the same nomenclature). The petition challenged a show cause notice dated 11.3.1982 issued by the Director (the appellant in the writ appeal) on the ground that the Director purported to exercise suo motu revisionary powers under Section 5(2) of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948 ("the Act"). The court states that the only question that was before both the learned single Judge and the Division Bench was whether the Director is vested with suo motu power of revision under Section 5(2) of the Act; accordingly the opinion does not traverse factual details beyond this procedural context.

Legal Issues Presented

  1. Whether the Director (under Section 5(2) of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948) is vested with a suo motu power of revision, or whether the Director's revisional power must be invoked by a revision petition in accordance with rules framed under the Act (specifically Rule 1).

Arguments of the Parties

Counsel for the Petitioner (Mr. U.N.R. Rao)

  • Directed the court's attention to other provisions of the Act (Sections 39(4-a) and 39(6)) where suo motu powers are expressly conferred, arguing by contrast that Section 5(2) does not expressly confer suo motu power on the Director.
  • Implied position: where the legislature intended to confer suo motu power it did so expressly; absence of such express language in Section 5(2) indicates no suo motu power for the Director under that section.

Counsel for the Director / Respondent (Mr. K. Ravirajapandian)

  • Submitted that a restricted construction of Section 5(2) and the Rules was not warranted and urged the court to adopt a liberal construction that would permit the Director to exercise suo motu revisionary powers.
  • Relied upon several earlier Bench decisions of this court (including The Board of Revenue v. K.G. Prema Kalyani; Karuppannan Servai; Usuvathum Hasan Muslim Sangam; and David Pillai v. Settlement Officer) to support the contention that the Director could exercise revisional power suo motu or that prior pronouncements supported a broader view of revisional powers.
  • Also sought to draw a parity between Section 115 of the Code of Civil Procedure and Section 5(2) of the Act to elucidate scope and method of revisional powers (an argument the court ultimately rejected as inappropriate).

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Jones v. Smart, 1785 I.T.R. 44 Principle that courts cannot supply omissions in legislation (cansees omissus non est suppletur) — a court should not make laws by supplying what legislature omitted. Applied to support the proposition that the court cannot read into Section 5(2) a suo motu power when the statute and subordinate rules do not expressly confer it.
The Board of Revenue, Madras v. K.G. Prema Kalyani and others, W.A. No. 458 of 1971 (Judgment dated 3.10.1972) Discussed whether a revisional authority could exercise power after long lapse of time where statute prescribes no limitation; contained an observation suggesting exercise could be suo motu. The court observed that the Bench's observation that exercise could be suo motu was not ratio decidendi for the present question because that Bench did not specifically decide the suo motu issue; therefore it could not be relied upon as settling the law on this point.
Karuppannan Servai v. The State of Madras, 1972 85 L.W. 71 Principle that whenever a suo motu power is vested, there is a specific provision vesting such suo motu power. Recognised as contrary to the argument for implying suo motu power under Section 5(2); cited to support the conclusion that suo motu power must be expressly conferred.
Usuvathum Hasan Muslim Sangam v. The Board of Revenue, 1984 Writ L.R. 85 Related to exercise of revision by the Board of Revenue and validity where condition precedent (issuance of show cause) was not complied with; proceeded on assumption that Board could invoke suo motu revision. The court held this decision did not furnish authority supporting the Director's suo motu power under Section 5(2) because the earlier decision proceeded on an assumption and ultimately invalidated the order for failure to comply with a condition precedent.
David Pillai v. The Settlement Officer, Madurai and others, W.A. No. 1296 of 1986 (Judgment dated 18.7.1989) Related to condonation of delay and included discussion touching on scope of Director's revisionary power under Section 5(2). The court noted that the Bench in that case had no occasion to specifically decide whether the Director possessed suo motu revisional power; accordingly it could not be treated as settling that question.

Court's Reasoning and Analysis

The court's reasoning proceeds in a sequence of statutory interpretation and application of established principles:

  1. Statutory Text and Rule-Making Power: The court began by observing that Section 5(2) of the Act confers revisional power on the Director to "cancel or revise any of the orders, acts or proceedings of the Settlement Officer, other than those in respect of which an appeal lies to the Tribunal." A bare reading of Section 5(2) does not indicate whether this power is to be exercised on application or suo motu.
  2. Role of Rules under Section 67: Section 67(2)(b) of the Act grants rule-making power, and rules were framed and published (Fort St. George Gazette dated 5.2.1983). Rule 1 prescribes procedure: Sub-Rule (1) requires that "any person who objects" may prefer a revision petition to the Director; Sub-Rule (2) fixes time limits for such petitions and a proviso permits the Director to condone delay for sufficient cause. The court treats these rules as defining the method by which the Director's power under Section 5(2) is to be exercised.
  3. Principle of Statutory Construction: The court reiterated the settled principle that a statutory authority's powers are defined, circumscribed and limited by the statutory provisions conferring them. Powers must be exercised strictly in the manner provided by the statute or subordinate rules; courts cannot supply omissions or expand powers by implication beyond what is legislatively provided.
  4. Application to Section 5(2): Given the express procedure in Rule 1—calling for a revision petition by an aggrieved person—the court concluded that this is the mode and method prescribed for invoking the Director's revisional power. Because Section 5(2) lacks express language conferring suo motu power, and because rules made under Section 67 prescribe petition procedure, the Director cannot assume a suo motu revisional authority under Section 5(2).
  5. Comparative Statutory Language: The court accepted the petitioner's point (as argued by Mr. U.N.R. Rao) that the legislature, in other sections of the Act (Sections 39(4-a) and 39(6)), expressly conferred suo motu powers where intended. The absence of comparable express language in Section 5(2) supports the conclusion that no suo motu power exists there.
  6. Consideration of Cited Authorities and Other Arguments: The court reviewed the authorities relied upon by the Director's counsel and found none to establish that Section 5(2) confers suo motu power. The Board of Revenue v. Prema Kalyani decision contained an observation about suo motu exercise but not as a binding ratio on the point. Karuppannan Servai reinforced that suo motu powers are vested by specific provision. Usuvathum Hasan Muslim Sangam and David Pillai did not decide the specific question before this court and therefore could not be taken as settling it. The court also rejected the attempt to import principles from Section 115 of the Code of Civil Procedure, finding that the Act and its Rules are a complete code and should be construed within their own language and framework.
  7. Conclusion of Analysis: On the primary ground—whether the Director could exercise suo motu revision under Section 5(2)—the court found that the Director lacked such suo motu power, because the statutory text together with the rules framed under Section 67 prescribe a petition-based procedure for revision and do not confer an express suo motu jurisdiction.

Holding and Implications

Holding: The Division Bench held that the Director does not possess a suo motu power of revision under Section 5(2) of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948, and that the revisional power must be invoked in the manner prescribed by the Rules (Rule 1) framed under the Act.

Direct Consequence for the Parties:

  • The writ appeal was dismissed for lack of merit.
  • No costs were awarded ("No costs").

Broader Implications: The opinion confines itself to interpreting Section 5(2) together with the Rules: it construes the statutory scheme to require invocation of revision by a petition in accordance with Rule 1 and rejects an implied suo motu jurisdiction. The judgment does not expressly state that it creates any broader novel precedent beyond this interpretation of the Act and its Rules.

(End of summary.)

    The Director Of Survey And Settlement, Chepauk, Madras-5 v. Ramadoss.

    JUDGMENT Nainar Sundaram, J.

    This writ appeal is directed against the order of the learned single Judge in W.P No. 3500 of 1982. That writ petition was preferred by the respondent herein as petitioner therein, questioning the show cause notice dated 11.3.1982 issued by the appellant herein, who is the respondent in the writ petition, for exercising suo motu powers of revision under the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act 26 of 1948, hereinafter referred to as “the Act”. It is convenient for us it we refer to the parties in this judgment of ours as per their nomenclature in the writ petition, In view of the fact that the only question that was sought to be resolved before the learned single Judge and again before us is as to whether the respondent is vested with suo motu power of revision under S. 5(2) of the Act, it is not necessary to traverse upon the factual features. Suffice it to state that what the respondent has ventured to do is only suo motu power of revision under the cover of S. 5(2) of the Act. S. 5(2) of the Act reads as follows:

    “Every Settlement Officer shall be subordinate to the Director and shall be guided by such lawful instructions as he may issue from time to time; and the Director shall also have power to cancel or revise any of the orders, acts or proceedings of the Settlement Officer, other then those in respect of which an appeal lies to the Tribunal.”

    A bare reading of S. 5(2) of the Act does not give any indication as to whether the power to cancel or revise, conferred on the respondent could be exercised on application or suo motu, S. 67 of the Act embodies the rule-making power and Clause (b) of Sub-S. (2) of S. 67 contemplates framing of rules with regard to the procedure to be followed by the Tribunals, Special Tribunal, authorities and officers appointed or having jurisdiction under the Act. Rules have been framed and published in the Fort St. George Gazette dated 5.2.1983 pursuant to this power read with sub-S. (2) of the S. 5 of the Act; as well as Clauses (c) and (d) of S. 7 of the Act with which we are not concerned. Rule 1 alone is relevant and it reads as follows:—

    “(1) Any person who objects to any of the orders, acts or proceedings of a Settlement Officer, other than those in respect of which an appeal lies to the Tribunal may prefer a revision petition to the Director.

    (2) Any such petition shall be preferred within one month from the date on which these Rules are published in the Fort St. George Gazette or within two months from the date of communication of the order or proceeding of the Settlement Officer, whichever of the dates aforesaid is the latest:

    Provided that the Director may admit a petition preferred after the period aforesaid if he is satisfied that the petitioner had sufficient cause for not preferring the petition within the said period.”

    Thus, we find that the procedure to be followed by the Director under S. 5(2) of the Act has been settled by the Rules, Sub-Rule(1) of the Rule speaks about any person objecting to any of the orders, acts or proceedings of a Settlement Officer other than those in respect of which an appeal lies to the Tribunal preferring a revision petition to the Director. Sub-Rule(2) of rule 1 lays down that any such petition shall be preferred within one month from the date on which those Rules are published in the Fort St. George Gazette or within two months from the date of communication of the order or proceedings of the Settlement Officer, whichever of the dates aforesaid is the latest. The Proviso empowers the Director to admit a petition preferred after the period aforesaid if he is satisfied that the petitioner had sufficient cause for not preferring the petition within the said period. It must be made clear at this juncture itself that we are not concerned with the question of limitation which may arise when a petition for revision is preferred and as to how far the Director could exercise the power of condonation of delay under the cover of this Proviso. We are on the primary ground as to whether the Director could venture to exercise suo motu power of revision under S. 5(2) of the Act.

    2. The principle well settled and uniformly followed by courts is when a statutory authority is conferred with a power, that power stands defined, circumscribed and limited by the very provisions in and by which the power is conferred and it is not permissible for him to travel beyond them. With regard to acts done, pursuant to statutory powers, it is always recognised that whatever is not expressly given, or by necessary implication, must be deemed to have been prohibited. The play of power given to an authority under the statute is limited to the four corners of its conferment. So also the power given to an authority must be exercised strictly in accordance with the mode provided and laid down by the statute. It is not possible to enter into a field of presumptions or assumptions. Clothing a power for an authority must be only through legislation, either principal or subordinate. Here we find a case, where with reference to the exercise of power under S. 5(2) of the Act, there has been a delineation of the same by the rules framed pursuant to power under S. 67(2)(b) of the Act, we must take it that is the only way and method in and by which the power of revision under S. 5(2) of the Act is available for the Director and he cannot travel beyond that. Rules framed under the statute are ancillary and they subserve the purpose of the statute. Rules framed under the statute must be treated for all purposes of construction of powers or obligations, as if they are in the statute itself and are to be of the same effect as if adumbrated in the statute itself.

    3. While S. 5(2) conferring the power of revision, is silent as to the method and manner, by which the power of revision could be invoked and exercised by the Director. Rule 1 exemplifies it. It speaks about a person objecting to orders, acts or proceedings concerned, preferring a revision petition to the Director. S. 5(2) by its express terms has not spoken about a suo motu power of revision for the Director. In contrast, our attention was drawn by Mr. U.N.R Rao, learned Senior Counsel appearing for the petitioner, to other provisions in the Act itself, wherein expressly suo motu powers have been conferred on the authorities under the Act vide S. 39(4-a) for the Director regarding determination of basic annual sum and of total compensation; S. 39(6) for the Board of Revenue over the order or proceeding of the Director.

    4. We, judges, in our endeavour to solve a problem presented before us, are not supposed to search for the true intention of the legislature beyond the language used by it. The only repository of Legislature's intention is the language it has used. While examining the language, judges always presume that the Legislature is well acquainted with the accepted vocabulary of legislative bodies and so known what words are required and considered apt to effect a particular result. If it has not made a provision or used words from which a particular result can properly be found, Judges will not be in order and justified in finding it, on the simple ground, a contrary result would cause hardship to one or the other of the parties. Buller, J. in Jones v. Smart 1785 I.T.R 44 said cansees omissus can in no case be supplied by a court of law, for that would be to make laws”. These principles, which have been recognised and followed by pronouncements of courts all through this country and elsewhere, tells us that it is not for the respondent to assume a suo motu power of revision when there has not been conferring of such power by the specific terms of the Act and the rules framed thereunder. Assessed thus, we could not have any ambiguity in our mind that the respondent lacked suo motu power of revision.

    5. However, Mr. K. Ravirajapandian, learned Additional Government Pleader, appearing for the respondent, would endeavour to submit that such a restricted construction of the provisions of the Act and the Rules is not warranted and he wants us to give a liberal construction so as to spell out for the respondent suo motu powers of revision. In this connection, the learned Additional Government pleader drew our attention to a pronouncement of a Bench of this court in The Board of Revenue, Madras v. K.G Prema Kalyani and others W.A No. 458 of 1971, Judgement dated 3.10.1972. In that case, the learned single Judge, who heard the matter initially was concerned with the exercise of power of revision by the Board of Revenue under S. 7(c) of the Act for which there is no period of limitation prescribed. Yet, the learned single Judge ventured to pose for himself a question as to whether the Board could revise an order, after lapse of long time and he answered it by stating that a line should be drawn at the conclusion or the Settlement Proceedings under S. 22 of the Act. This view of the learned single Judge was not accepted by the Bench and the Bench opined that when the Legislature did not think fit to provide for limitation for exercise of the power under S. 7(c) of the Act, the Court cannot take upon itself to prescribe the period of limitation. It is true there is an observation that the exercise of the power could as well be suo motu as the Board might choose. But, we cannot take that as the ratio decidendi of the pronouncement because on facts the Bench was not at all called upon to decide that question specifically.

    6. Next our attention was drawn by the learned Additional Government Pleader to the pronouncement of a Bench of this court in Karuppannan Servai v. The State of Madras 1972 85 L.W 71. Far from supporting him, that pronouncement militates against the line of thinking by him. There, it has been countenance that whenever a suo motu power is vested, there is a specific provision vesting such suo motu power.

    7. Our attention was also drawn by the learned Additional Government Pleader to the pronouncement of a Bench of this Court in Usuvathum Hasan Muslim Sangam v. The Board of Revenue 1984 Writ L.R 85. Here again, we find that this decision could not be cited as an authority for a proposition which we are called upon to answer. The matter was proceeded with on an assumption that the Board of Revenue could invoke suo motu power of revision under S. 7 of the Act and the Bench held that even then, the order passed could not be deemed to have been validly passed as the condition precedent for invoking the jurisdiction, namely, issuance of a show cause, was not complied with. Another pronouncement to which our attention was drawn by the learned Additional Government pleader is the one found in David Pillai v. The Settlement Officer, Madurai and others W.A No. 1296 of 1986. Judgement dated 18.7.1989. That Writ Appeal was directed against the decision of one of us (Nainar Sundaram, J.) in W.P No. 5146 of 1980, order dated 20.10.1986 There, the question of condonation of delay alone came up for consideration and there was a decline to interfere with the order made by the Director condoning the delay. This order was confirmed by the Bench and while doing so, the discussion has treaded into the field of the scope of the power of revision of the Director Under S. 5(2) of the Act. The learned Judges of the Bench had no occasion to specifically deal with this question and answer it one way or the other and we cannot take it that any principle covering this question has been settled by the Bench in that pronouncement.

    8. An attempt was made by the learned Additional Government Pleader to draw a parity between S. 115 of the Code of Civil Procedure and S. 5(2) of the Act. We may not be in order at all to look into this provision, namely, S. 115 of the Code of Civil Procedure and take into consideration the pronouncements under that provision for the purpose of elucidating the scope of the power and the method of exercise of the power under S. 5(2) of the Act. The Act has formed a complete Code along with the Rules framed thereunder and the provisions of the Act and the Rules alone must speak about the scope of the power of revision and the method and the modality in and by which the power of revision could be exercised. Furthermore, the scope and the very language of the two provisions are different, and there is no justification for drawing any parity between the two. It is not possible to travel beyond what has been settled by the statutory provision with regard to conferment, exercise and method of exercise of revisional powers of the Director. Hence, we find no merit in this Writ Appeal, directed against the order of the learned single Judge and we dismiss it. No costs.

    RR/VCS

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    The Director Of Survey And Settlement, Chepauk, Madras-5 v. Ramadoss.
    (Nov 15, 1990)