Friday, January 31, 2020

Report in the seminar in nagpur 27.02.2007


REFUGEES IN THEIR OWN LAND

A CASE STUDY OF MOUNDADAN CHETTIES AND OTHER COMMUNITIES
RESIDING IN THE MUDUMALAI WILDLIFE SANCTUARY OF NILGIRIBIOSPHERE.By. C. R. Krishnan
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Forest landscape in the Gudalur sub-region of Nilgiris Biosphere Reserve hasundergone significant managerial transformation since the establishment of a separate ForestDepartment in the then Madras Presidency in the year 1856. Though the Forest Department’sattempts to acquire control over large tracts of Forests in the Madras Presidency has alwaysbeen contested in official forum at the earliest as from 1871itself, the situation in Gudalurfailed to evoke any detailed discussion pertaining to the communal rights and privileges ofpeople living within the forest lands in the neighborhoods of Gudalur.Gudalur among other clusters of Forest enclaves, is also well known for theMudumalai and Benne sectors which now form part of a National park/sanctuary. When theMadras Government initially leased out Mudumalai (46,000 acres) from Nilambur Jenmam in1857, the intention was mainly to utilize the timber (esp. teak). The timber meant for exportto Europe as well as for the Railways within the country enormously accelerated thecommercialization of forests by the Government throughout the country. Mudumalai was notexception to this. Added to, it was the timber exploited from Benne tracts for the buildingsand the establishment of the military base at Wellington.The Madras Forest Act of 1882 prohibited people’s access to their foraging territorieswithin the Forest habitats. The Act did not specify and define the customary rights of thepeople. Settlement of rights was left to the discretion of the so called forest settlementofficials. A period of three months only was given to the inhabitants of notified reservedforests to put forward their claims to the officials. People-groups such as MoundadanChetties or Bettu Kurumbas or Kattunaikas or Panias were not even aware of thepromulgation of such rules and prohibitions. It has had its own repercussions andconsequences.Added to the above, was the mushrooming of colonization in Gudalur, of people fromareas other than Gudalur. Apart from Mudumalai and Benne forest reserves by a quirk ofhistory large tracts of Gudalur continued to be under the propertiary control of NilamburJenmi, the legal claims and contests that ensued since the 1950’s and still unresolved havealso resulted in unsettling effects among the indigenous people of Gudalur.As noted above, how and when the Mudumalai and Benne tracts of forests cameunder the jurisdiction of Nilambur Jenmi is to be recalled here. The Gudalur sector of theNilgiris originally formed part of the larger Waynad territory extending into Coorg andMalabar. The Kadambas and later the Gangas were ruling over the territory until the close ofthe tenth century A.D. (Gazetteer of the Nilgiris, Francis W. 1908, P. 91) According to Rev.Philip Mulley, a recent time historian (The Nilgiris 2001 P. 95) an 8 th century AD cropperplate granted by Ganga emperor Sri Purusha mention Gudalur and environs as containingland fit for cultivation of rice and grains, garden lands and forest lands fit for the cultivationof drugs or pepper and as including fourteen villages, whatever happened tothisconsiderablyimportant region is not clearly known. Rev. Mulley adds that the
2 Moundadan Chetties however have a vague recollection of an epidemic razing thehabitation to destructions. Eventually after the disintegration of Ganga rule, Wayanadterritory gradually got spilt into petty principalities. The area comprising Wayanad includingGudalur and Kottayam farther west on the Kannanur coast became part of Puraikizhanad.Purikizhanad is also referred to in the Thirunelli plate of Bhaskara Ravi Varma (about 1000A.D.) The area came to be administered by Kottayam Raja. One branch of the Kottayamroyal family was the famous Pazhassi raja who heroically fought the British colonial powersin the later part of 19 th centaury (Page 231, History of Kerala Dr. Leela Devi, Kottayam1986).During those times, temples with defined territories and called ‘sanketam’ were moreor less acting as autonomous administrative divisions (Page 270, A. History of KeralaK.V.Krishna Ayyar, Coimbatore 1968). One such temple was Nambolakottai in Gudalur. Itwas originally under a Valunnur under the jurisdiction of Kottayam raja. Hyder Ali ofMysore defeated the Nair Chiefs (including Kottayam Raja) of Malabar at the Tamarasarybattle in 1773. The British attacked Hyder Ali in 1783 and concluded a treaty with him, afterwhich these territories came under the overall control of Zamorin of Calicut. Gudalur at thattime became Nilambur Koviligam (temple territory), Thirumelpad of Nilambur came toassume ‘Jenmi’ (hereditary possession) rights over vast tracts of land whereon NambolakottaiParadevathi temple is situated. According to Jayshree Vencatesan Forest Reserves asRefugia for Human Impacted Biodiversity in Mudumalai 2003 page 22 this spot also makesthe beginning of rights to land, long leased felling etc.As per an ancient manuscript on palm leaf in medieval Malayalam and Kannadamlanguages, seized by the revenue officials on 18.08.1989 from the residence of oneKuttikrishnan Chetty S/o. Late Perumal Chetty of Padanthurai Village now maintained inGovernment museum, at Ootacamund there is evidence that rulers of Mysore had bequeathedthe territory extending from Pykara, Naduvattam and Gudalur to NambolakottaiVetakaruman. The Paradevathai at Nambolakottai is worshiped as family deities ofMoundadan Chetties, Todas, Badagas, and Kothas of the Nilgiri hills as an incarnation ofLord Siva recalled in the Mahabharatha epic. This discovery was published inter-alias theDinathanthi Tamil newspaper dated 18.08.1989. Having preserved these type of severalancient manuscripts seized by Government. from Moundadan Chetties in different occasions,the Moundadan Chetties heritage will reveal that these people are the sons of the soil fromtime immemorial inclusive of the present wild life area in Mudumalai and Benne.Nambolakottai, Nelakottai, Benne shrine near Bitherkad all were part of erstwhile Mysorerulers. The place names pertaining to that period like Jadahalli, Nagahalli (Now Nagampalli)Torahalli (Now Thorapalli) Madahalli, Marageddai,, Hozur, Jaladarai, Kalbaribetta.,Jenubarebetta, Kakkanahalla and Bitherkad, besides the check dams, stone temples, irrigationcanals and the inscriptions in Kannada are proof of this. A dilapidated temple at Gudivayaland ancient Bommadevarayar temple at Mandakarai, Druga shrine at Mandagamoolai dailyilluminated and rituals performed periodically in Mudumalai and Benne are the further proofof the habitation of Moundadan Chetties and other tribal people residing from timeimmemorial in the inner part of the forest now converted into wildlife andnationalparkwithout considering the sufferings of these poor people. Karadigoodu, Mathahalli, Jadahalli,Bollarangolli, Hombetta, Cheenakolli, Gudimoolai, Cheruvattu, in Mudumalai revenuevillage and Thavanavayal, Kunivayal, part of Belangoor, Athikuni, Kaithakattu are the paddyfields once cultivated by Chetties and abandoned due to the strict enforcement of severalregulations created by the Government. The right of indigenous cultivators in the inner partwere forfeited one after another. The Moundadan Chetties and other forest dwellers in the sanctuary are always faithful to the Government Rules and Regulations abiding the Acts and Rules.
There is not even a single case of forest crime registered against these innocentpeople so for.The brief history of how the land in question has passed on to the Nilambur Kovilagamand became Thirumalped family’s Janmam and leased to Government for 99 year in 1863 isnarrated hereunder. During the rule of Nambolan race of Nambolakottai, the temple andlanded property of the temple was administered by them. In course of time, they did notevince interest in maintaining the temple and landed property. So the leading 5 clans amongthe Moundadan Chetties namely Kee Chetty, Kelavatha Gounda, Huthu Chetty, Kodi Chettyand Chetumulli Chetty supported by the Malayaran who came from North Malabar forlooking after the accounts of management of Nambolakottai since the Moundadan Chettieswere all illiterate had looked after the management of the temple and settling the disputes andmaintenance of peace among the local inhabitants. In course of time, to defend thedisturbances of marauding gang of free-boooters others, they sought the help of Chieftains inNorth Malabar and finally approached the Kurumbernad Raja who ultimately agreed to sendhis son and nephew with 100 Nayar troops to rule over them for the consideration ofreceiving seven granaries as his private property. Such a way the area was held sway byValavannur who took charge of Vetakaruman Devastanam (Temple Territory).The Devastanam-property was subsequently annexed to the Janman land ofThirumalpad of Nilambur in Malabar in phased manner.
1. After the fall of Valavannur at the time of advent of British rules in the fightbetween Tippu Sultan and English East India company, Chandukutty Valavannur exited fromAreakod. To meet the expenses towards his funeral ceremonies and some urgent needs,Orakadavuvilamban Valavannur barrowed some money from Chouvakkaran Kunju Pakki ofcCalicut in lieu of certain costly timber trees and paddy fields. On expiry of term, KelukuttyValavannur together with his clerk (Karayasthan) Kupu Patter went to Calicut and stayed atThakaliambalam and tried to settle the dues but returned without fruitful result with a quarrelwith the lender. This happened in M.E. 1002 (1826 A.D.) After filing a case in NorthThukkidi civil court at Calicut, signed an accord and settled the affairs for which a sum of900 Pannam from Dhamoori Kovilagam Pandaram, 500 Pannam from Pockancheri KunjuChandu and 500 Pannam from Anthony John Mastan of Mangalore was barrowed. (4Pannam is equal to one Rupee) In the circumstance of not able to return the dues on expiry ofthe term, Kelukutty Valavannur consulted the trustees of Nambolakottai (all wereMoundadan Chetties) as per their belief heard the words of oracles and decided to leasecertain rich forest area near the ghat and some paddy fields earmarked for the home deities ofthat area. Accordingly Valavannur, Appu Patter of Puthan vetil, Perumal of Orakadavu(Moundadan Chetty) Kelavatha Goundan (Moundadan. Chetty) Marakkara Villy(Moundadan Chetty) Kodungalur Kutty (Moundadan Chetty) went to Nilambur in M.E. 1005(1830 A.D.) and executed an agreement with Thirumalpad signed by all the above personsunder the following conditions.
a. Cutting and removing the trees in sandalwood and teakwood growing forestand share 50 percent of the benefit both side after meeting the expenses and toll charges.
b. Two pieces of paddy fields earmarked to home deities and shrines of that areaand share 50 percent of the benefit each after meeting the expenses for rituals of the deitiesand shrines.As such the loan of Damoori Kovilagam was settled on the spot and arrangementmade to settle the dues of other parties.
4 But since the loan of Anthony John Mastan was not settled which worked out to632 Rupees, 12 Annas and 4 Chilly Paise and documentation charge of 8 annas, he filed asuite in the Wayanad Munisif Court at Wythiri and a degree was passed to auction the landfor settlement of the dues. One Suppu Patter S/o. Appu Patter from Palghat area was sent asan agent of Thirumalpad family to participate in the public auction. He obtained the landextending the area of 21/2 (Two and half) lack acres from Nellakottai to Theppakaduinclusive of Nambolakottai temple for Rs. 3,000/- and transferred the same to ManavikramanThirumalpad of the Thacharakavil, Nilambur. The auction was held in 1836.
2. When Subadra W/o. Orakadavuvilamban, the lady Valavannur and sister ofKelukutty became widow, she was asked to get away from temple premises to maintain theauspices ness. Hence she was staying at Chullikunnu with her minor son Govindan Kuttyaged 12 years under the care of Cherumully chetty clan’s leader. One Vijayam Patter ofNilambur had contact with the widow and she was induced to move to Nilambur with her sonfor allegedly of unsound mind and for natural treatment where the latter died in 1845 and theformer in 1872. In the mean-time Vinayan Manavikraman Thirumalpad obtained the landedproperties of Nambolakottai amsom from Subdra alleged to have been of unsound mind in abond paper for a sum of Rs. 2000/- or 8,000/- Pannam which was subsequently registered asdocument, document No. 77/1853 on 03.12.1853 in the Calicut Registrar’s office and thereafter the sale deed for Rs. 20,000/- or 80,000/- Panamas for the balance area was executedwherein there is mention about the nature of land and how it was bequeathed by Mysorerulers indicating the extension and boundaries of the land which was Registered as document,document No. 58/1853 on 05.12.1853. The territory of Nambolakottai VettakarumanParathevethai from central point of the temple premises as per the inscription in palm leavesand in the deed executed by Lady Valavannur to Thirumalpad family are as follows.
1. East = 6 gatham (24 miles) up to Pykara river.
2. West = 2 gatham (8 miles) up to Paruthanjolai.
3. South = 5 gatham (20 miles) up to Neelathodu.
4. North = 51/2 gatham (22 miles) up to Karayakanivu.
There was no signature of Subadra, the Lady Valavannur nor local trustees but oneVakeel Chakkku has signed on behalf of Subadra in the sale deed. After hearing the rumourof the wicket deceit, the Moundadan Chetties among renowned clans submitted twomemoranda to the District Collector of Calicut once on 18.03.1852 and another signed by 18members in 1854. There was no effect for the requests of the people. After obtaining theproperty from Subadra, the Thirumalpad family came to Nambolakottai and called theMoundadan Chetties and others and informed about the transfer of the property and askedthem to hand over the earlier records of proof of their holdings to Janmi or vacat the landcultivated. By threatening of evicting the land forcibly, many of the original documents ofMoundadan Chetties and others were seized and carried away and the temple land wasannexed with the Janmam land of Nilambur Kovilagam. During the settlements in 1886 allproofs of previous land holding were taken over by the British administration and the landwas treated as the property of Nilambur Jenmam and the cultivators were treated as Janmi’sbonded tenants of the leased land which was restricted up to the maximum of 12 years subjectto renewal year after year. Permanent structures for residences were not permitted to avoidcreation of basis for the permanent holding. Those who were unable to pay the lease had toforfeit the land. The thick forest area was leased to Government for 99 years from 1863which expired in 1962. The so called tenants have got patta for the wet portion of the lands atthe time of implementation of Gudalur Jenmam land Aboliton Act 1969 in 1974 onwardssubject to production of receipt of Jenmi alone. No other proof of holding were accepted andtheir right on the dry lands were neglected.
5Part of the land had been leased to private companies for establishing coffee andtea plantations. The rest of the area surrounded by Moundadan Chetties and other tribalshave became reservered forest. The reservered forest was subsequently converted as wildlife/ national park as per the policy of the Government. “Thus the Jenmam right above the ghatwas a creation of British Administration and due to insufficient knowledge among earlierofficers of the true position of affairs. However this may be the net up-shot of the enquirieswas that, of the three amsoms comprising of the Nilgiri Wayanad, Nambolakottai wasdeclared to be Jenman property of the Nilambur Kovilagam and thus rightly or wrongly thesaid re-organization of the amsom as Janmam property became a fiat acompli as far as theEnglish were concerned”. The Moundadan Chetties, Panias, and Kattunaikas are theundivided part and parcel of these area from time immemorial, the only difference being theChetties are not included in the scheduled tribal, list for want of detailed study when theconstitutions of India was drafted. Wherever the settlements of Chetties exist, there will bethe settlements of Panias or Kattunaikas. The language spoken by one community can beunderstood and spoken by other groups too, even up to this day, which prove theirco-existence. But most of the NGOS getting aids from the Government and other agenciesare creating frustration among these forest dwellers.The area of land cultivated by forest dwellers now covered under wildlife is 850 acresincluding about 670 acres of patta lands in the total extend of 4306.04 hectares [321.15sqk.m.] of the sanctuary. The individuals living in the sanctuary area is roughly 2200 in 377houses. The community wise breakups are Panias 52 families, Kattunaikas 47 families,Moundadan Chetties 260 famililes and Wayanadan Chetties 18 families, with the presentday’s population of about 2200 members. This figure does not include the Kurumbas andIrulas of Kargudi, Theppakadu area. Among the above mentioned communities languages ofWayanad Chetties. Moundadan Chetties, Panias and Kattunaikas are dialects without scriptswhich is not understandable by other civilized people. The total extend of forest land in thiswildlife is 4,306.04 hec. in Mudumalai revenue village and 70.86 hec. in Nellakottai revenuevillage (Benne). The patta granted to the people at Mudumalai and Benne is 187.850 hec.The area of land previously in possession of these people and treated as assessed waste due tonon production of valid documents is 41.11 hec. The area of land once cultivated by Chettiesand forfeited by the forest officials is 27 acres in Mudumalai and 13 acres in Benne. Thepeople who were living in this area were illiterate. They were not able to express their ethosand grievances to the Government authority due to insufficient knowledge and panic. Hencethe pre-history of this locality before formation of Jenmam right and Government forest istotally suppressed and the forest officials claim that the local inhabitants have no locustandyfor their holding as if all have entered into the forest area for non-forestry activities. TheChetties and tribals have been totally oppressed and marginalized by the bureaucrats takingthe advantage of their ignorance. As such the democratic human rights to live a dignified lifein their inherited hamlets is violated. Due to the man-animal conflict consequent tointroduction of several, Acts and Rules, chain gates were erected at the entrance of thevillages at Bosepara and Mukkatti and the free movement restricted. All facilities ofPanchayat road, Electricity, Road Transport, Health Service, Educational Institutions andTelecommunications are banned. The power lines already provided were disconnected.Education beyond 5 th standard to the children has become dream. Even for impartingelementary education, the teachers have to go from towns and can arrive the school at 11.00A.M. at the earliest since there is no transport convenience beyond Bospara and Bitherkad.They should necessarily leave the school before 3.30 p.m. to catch the buses to reach theirrespective homes before night. For the fear of attack by wild animals and walking distance ofmore than 4+4 kms. daily, the teachers particularly lady teachers are reluctant to work inthese schools at Gookadi, Nagamballi and Koovakolli. If the students wish to study beyond5 th standard, they have to walk 2 to 6 kms. one way in the morning and evening along the
6 wild forest to arrive the motorable places from where they have to traverse further 3kms to the high schools at Srimadurai and Bitherkad. Many sacrificed their life duringdelivery and sickness for want of medicare, transport facilities and attack by wild animals.For carrying their products, they have to pay toll to the tune of Rs. 60/- per trip apart fromseeking the mercy of the forest officials in the chain gates. There were incidents of filthilycommends of forest officials in the chain gates with school girls and the relatives of theinhabitants coming from other villages to see their dears and nears. Such are the difficultiesexperienced by the people inside the sanctuary area.In the above circumstances, these people find no other option to lead their life otherthan moving to safer places forgoing their fertile lands. If compensated lands andarrangement for dwelling are assured considering the welfare of their future generation, theyhave come to that conclusion. One among many Revenue Divisional Officers, Mr.U.Sakayam was kind enough to personally visit the interior villages along with these people,stayed with them and gained first hand insight and information about the difficulties andsubmitted suitable proposal to the district administration in 1992 but no useful action wainitialed in this matter. Again inthe year 2002, the then District Collector Ms.Supriya Sahuhad informed these people that she has submitted suitable proposal to re-locate these peoplein the following hamlets of Mudumalai and Nellakottai revenue villages to a place atAyyankolli in Pandalur taluk, in which it was said that the proposed site of relocation of thepeople is situated within 14 K.M. of Taluk Head Quarters Pandalur. And within 4 K.M. therewere schools medical facilities and a fair price shop. It was also stated that the proposalcontains the allocation of alternative sites and the benefits of all the exiting ruraldevelopments schemes.1. Mudukuli-Koovakolli-Nambikunnu section.
2. Nagamballi-Vattavayal-Mandakarai section.
3. Mandagamoola-Pulialam-Kapur-Panangolli section.
4. Nellikarai and Kunduthal section of adjoining Srimadurai.
5. Cheppadu, Pambattam, Hozur, Nelliankunnu, Gookadi, Thumberi, Athikuni
section in Benne forest.
6. Kolli, Kalladi section in Benne forest.
This proposal emanated from the recommendation earlier made by Mr.U.SahayamR.D.O. in is D.O. Letter No. A1/ 3920/92 dt. 22.09.1992 to the District Collector. Till dateno action has been initiated or taken by the Government of Tamilnadu in this regard.Very recently basing on my presentation of a paper on this issue in the seminar held atMysore Dr.A.K.Singh has made, an on the sport visit of a door to door survey and took theopinions of the people of all the hamlets and obtained a collective representation of thepeople dwelling in the above mentioned area, with one voice on 02.12.2006. They haveexpressed their grievances and why they are prepared to move to Ayyankolly. Another massdemonstration and rally was conducted on 18.01.2007 at Gudalur town with not less than2000 people supporting their demands and one day fast with more than 500 personsconsisting the representatives of all political parties, social organizations, local bodies andschool going students of Mudumalai and Benne wantonly boy-cotting their classes. Aresolution after the fast has been passed by voice vote and highlighted in all the local NewsPapers and local T.V. Channels.For the past 52 years after introduction of Wildlife Act in 1954, two generation havebeen struggling for better life by sending petitions individually and collectively, conductingdemonstrations such as fasts, election boy-cotts, participation in various indoor meetings and7talk shows in media and submitting memoranda up to the President of India andthe National Human Rights Commission. As such the sufferings and difficulties of more than2,200 people in Mudumalai wildlife sanctuary continues as a long story without redressal ofthe grievances and uncared by the bureaucrats so far.
Thanking you,
C. R. Krishnan
Retd. Superintend, Government of
Tamilnadu and Adviser to the
Nilgiri District Moundadan Chetty
Community Association

Friday, December 27, 2019

Edited Document


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 Subordinate Judge’s Court Nilgiris O.S. No. 72 of 1910. Produced on the 25-11-1909 in the Dt. Munsif Court Gudalur by 9th defendant Admitted in evidence 18-9-1911 and filed as Exhibit IV. Sd. J.C.F. Subordinate Judge
Attestestation and interlineations P.R. Venketrajan
Copied  113 words 4th and the last sheets Examined by







Document No.58/1853 Dated 5.12.1853 Callicut sub Judge