land revenue reforms -...
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CHAPTER III
LAND REVENUE REFORMS
CHAPTER III
LAND REVENUE REFORMS
Land, the primary agent of production and chief source of
income had played a vital role in the agricultural economy of Travancore.
Each and every state has its own land revenue system. The land revenue
system is closely connected with and mostly determined by its political
history. It is well known that as soon as a state is formed by conquest or
treaty, it becomes the prime duty of the ruling power to fix the land revenue
for the safety of the state and progress of its people. The structure and pattern
of land systems varied from country to country and even from region to
region.'
The state of Travancore had no organised system of
administration in the beginning .2 The land revenue department was the only
department that functioned in the state. It looked after the administration of
the devaswom, public works, excise, the police and the judiciary. However,
the land revenue department was concerned with the mere collection of
revenue and not the welfare of the people. Subsequently, the rulers of
Travancore initiated steps for the improvement of the land revenue system.
1. M.A. Oomrnen, Land Reforms and Socio-Economic Chan ge in Kerala,Madras, 1971, p.1.
2. S. Padmanabha Aiyer, Revenue Settlement of Travancore 1053-1086. M.E.(1878-1901 A.D), The Final Report, Tnvandrum, 1913, p.6.
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Travancore initiated steps for the improvement of the land revenue system.
The accession of Maharaja Ayilyam Thirunal marked a turning point in the
history of the land revenue administration. He introduced far reaching reforms
not only for the better assessment and collection of revenue but also for the
welfare of the people.
The karivu (drought) rule' which was prevalent in the state
created hardship to the people. According to the rule if drought occurred in a
village, the village officer was to inform the matter to the tahsildar. The
tahsildar in turn brought it to the notice of the sirkar and waited for the
sanction of the Huzur cutcherry. it caused unnecessary delay and
inconvenience to the public. In order to quicken the process, Maharaja
Ayilyam Thirunal promulgated a new rule in 1861, which rectified some of
the defects of the karivu rule. As per the new rule, the tahsildars were
empowered to inspect the drought lands immediately on receipt of the
varivolas from the village, officers instead of reporting it to the Huzur
cutcherry and waiting for its sanction.4
In 1862, for the sake of administrative convenience, the
Maharaja created two more revenue divisions 5 making it a total of four
divisions. The two newly constituted divisions were Trivandrum and Quilon.
The Trivandrum division consisted of Trivandrum, Neyyattinkara,
Nedumangad, Chirayinkil, Kottarakara, Pathanapuram and Shencottah taluks.
The Quilon division comprised Quilon, Karunagapalli, Kartigapalli,
3. The karivu rule of 1024.M.E (11849. A.D) was issued by Maharaja UthramThirunal.
4. The Travancore Land Revenue Manual, (T.L.R.M), Vol.IV, Trivandrum,
1916, p.358.5. Shertalla and Padmanabhapuram.
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Ampalapuzha, Mavelikara, Chenganoor, Thiruvalla and Kunnathur taluks.6
The four divisions included thirty one taluks and 244 villages or proverties.7
As the expenditure of the state increased year by year, Maharaja
attempted to increase the land revenue considerably. However, due to the
failure of seasonal rains and the subsequent drought, the ryots could not pay
their tax regularly. This led to accumulation of tax arrears. As a result, the
state could not implement certain welfare measures. The long-standing
arrears of land revenue, which hung heavily on the ryots afforded considerable
scope for their oppression on the part of petty officials. Also, the ever-
increasing arrears of land revenue in the sirkar accounts created economic
depression in the state. 8 Therefore, the Maharaja took stern measures to
ensure the prompt payment of revenue. In 1862, the system of levying
interest on arrears of revenue due to the sirkar was introduced for the first
time. A rate of interest at twelve per cent was fixed per annum for paddy as
well as for money. Besides, a rate of one per cent per month was charged on
all arrears beyond the period fixed for payments. 9 This measure too failed to
achieve the expected results. Therefore, the sirkar issued another
proclamation in 1875. Accordingly, the sirkar abolished the interest on
arrears of the ryots in Trivandrum, Neyyattinkara, and Chirayinkil if they
remitted the tax within a stipulated period. '0
6. T.L.R.M., p.353.
7. The Travancore Almanac for the year 1862, p.297
8. Selected Proclamations of the Sovereigns of Travancore 1811-1936. A.D.,Trivandrum, 1939, pp.320-321.
9. T.L.R.M., p.366.
I 0.The Travancore Government Gazette, (T.G.G), Vol.VIH, No.42, Trivandrum,1875, pp.973-974.
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Moreover, measures were adopted to collect the tax as promptly. With
this view, the Maharaja authorised tahsildars to take timely measures to
recover the revenue if cases of default were reported to them by the
proverticars. They were empowered to imprison the defaulters and recover
the tax from the produce of the lands in the first instance itself. However,
cases of attachment were to be reported to the higher authority for orders."
The proverty accountants were equally responsible for the collection of
revenue and any neglect or remission on their part entailed dismissal from
service. 12 By means of such effective steps Maharaja Ayilyam Thirunal
increased the state revenue considerably. For instance, in 1864, the land
revenue of the state amounted to Rs.1635142 as against 171000 in the
previous year.
The Maharaja found that there was no uniform taxation
throughout the state. Normally, taxation was extremely heavy in
Nanchilnadu.' 4 A perusal of records reveals the fact that thirty rupees per acre
was collected as tax in this region annually. 15 The British Resident also
commented upon the high rates of assessment on paddy lands of
Nanchilnadu.' 6 The Maharaja wanted to rectify the irregularities in the tax
regime in Travancore. In 1865, the Maharaja issued a proclamation to
11. T.L.R.M., pp.35 I-353.
12. Ibid., p.356.
13. Ibid., p.369.
14. The region was considered the rice bowl of the state.
15. The tax levied for rice land in other parts of Travancore was Rs.7 3/4 to 6¼per acre. (Proceedings of the Madras Government for the year 1861,Political Department, 5 April 1861, Letter from the Resident to the ChiefSecretary, Fort St. George). (TNA)
16. Proceedings of the Madras Government for the year 1865, PoliticalDepartment No:3 1, 20 February 1866, Letter No: 102, from the Residentto the Chief Secretary, Fort St. George, 4 December 1865. (TNA)
78
implement uniform taxation throughout the state. This measure reduced the
revenue of the state to a certain extent. But it improved the prospects of the
ryots of Nanchilnadu' 7 who heaved a sigh of relief.
The state of Travancore adopted the traditional system in the
collection of taxation. Taxes were collected either in kind or in cash.
However, a larger portion of this tax was collected in money. Such a measure
enabled the ruler to implement certain schemes of the state immediately.
Moreover, the collection of tax in kind led to unnecessary expenditure in
bringing the commodities to the concerned office. Further, it avoided delay
and prevented wastage of revenue. Therefore he desired to increase the
collection of taxes in money. The existing tax payment was at varying rates
of three, three and half, four and four and half chakrums' 8 per para. In 1864,
the Maharaja introduced the uniform rate of tax at 6 chakrums. He ordered
collection of the increased tax only in cash. in 1874, the money payment was
further increased to ten to twelve chakrums per para.' 9 Thus, once in ten
years, the rulers hiked the revenue of the state.
Survey System:
In land revenue administration, the survey system was very
essential. Therefore in 1862, the Maharaja formed a small survey
17. Selected Proclamations of the Soverei gns of Travancore, p.324.
18. 16 cash - I chakrum28 chakrum - I rupee28'/2 chakrum - 1 British rupee16anna - IrupeelOOfanam - 14 rupees(T.K. Velu Pillai, Travancore State Manual, Vol.111, Trivandrum, 1940,p.224.).
19. Report of the Administration of Travancore for the year 1848-49. M.E.(1872-73-1 873-74.A.D) (R.A.T), p.55.
79
establishment for the purpose of executing suitable survey of the waste lands.
The establishment conducted the survey of the lands and fixed the boundary,
calculated the area and ascertained whether the land was fit or unfit for
cultivation. 20 It was stipulated that the cost of survey was to be borne by the
land owners and the government Jointly. 21 The British Resident expressed his
satisfaction about the survey establishment. 22
Based on the above experiments in the land revenue
administration, a full fledged survey department was created with the
necessary staff in 1865. This department was expected to survey the land,
estimate its value and fix the rate of tax. Arklie was appointed as revenue
surveyor in 1865. Sesha Iyer and Narasinga Rao were appointed as ameens
and V.K. Krishna Iyer was designated as accountant. 23 The survey department
issued notices to the parties in advance when the surveys were to be made.
Before this time tax assessment was done quite arbitraril y even without giving
prior notice to the concerned parties.
The Maharaja in his efforts to augment the state's resources
decided to sell the waste lands. To accomplish this the Maharaja ordered the
revenue surveyor and his assistants to make a survey of the lands and then
sold them by auction held at Padmanabhapuram, Trivandrum, Quilon and
Kotttayam. 24 In 1872, about 1650 acres of coffee lands were surveyed and
20. Ibid for the year 1045-46. M.E. (1870-71-1871-72.A.D), p.4.1.
21. C.F. No: 4390, Letter No: 1656, from Huzur Cutcherr y to the Resident, 13June 1864. (SAT)
22. Ibid., No: 4390, Letter No: 1201, from the Resident to the Dewan, 2August 1864. (SAT)
23. Ibid., No: 541, Letter No: 4467, from Huzur Cutcherry to the RevenueSurveyor, Trivandrum, 15 December 1865. (SAT)
24. T.G.G., Vol. X, No. 49, Trivandrum, 1876, p.114 1.
mapped. Moreover a large part of the boundary between Travancore and
Cochin was also surveyed and specified . 21
The survey department faced various difficulties while
discharging their duties. The estate owners and planters never had any clear
cut boundaries of their areas. To put an end to this evil practice, the Maharaja
stopped the sale of lands for cultivation especially for coffee plantations. 26 All
holders of land on the hills who were granted land for the cultivation of coffee
under the rules of the 24 April 1865 were required to demarcate their
boundaries before 15 January 1 877. Failure to comply with this above rule
was severely dealt with. The survey officials were given special powers. The
revenue surveyor was empowered to clear the boundaries without further
notice to the defaulters. The boundary thus determined was final and, no
alteration was permitted Thus,Thus, with the formation of the survey department
remarkable changes in the land revenue administration in Travancore were
brought about.
Registration of Documents
From the early period, registration of documents was in vogue in
the state .28 Under the existing system registration was made by an agency of
local notaries called urkanakkans. These notaries were not given any fixed
salary but were remunerated from fees levied upon documents registered by
them .29 During this period registration of properties was not compulsory and
25. R.A.T. op.cit., p.41.
26. C.F. No. 541, Letter No. 4373/Rl181, from Huzur Cutcherry, Trivandrum,15 November 1 874. SAT)
27. T.G.G., op.cit., p.114 1.
28. T. K. Velu Pillai, Vol. IV, Trivandrum, 1940, p.138.
29. S. Ramanath Aiyar, Progressive Travancore, Trivandrum, 1923, p.214.
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it was left to the option of the parties to register their deeds. As a result, a
large number of land owners did not register their lands. In the absence of
property registration, the government was not able to identify the actual
owners of the land. Therefore Maharaja Avilyam Thirunal abolished the
existing system and introduced a new method on the lines of the British Indian
Registration Act of 1866. With this in view,a regulation was issued by the
government of Travancore in 1867.30 As per this regulation, deeds in any way
connected with landed property such as gifts, sale, mortgage and lease were to
be registered. Failure to abide by this rule made all deeds infructuous as the
deeds bore no signatures of the registration department .3'
By this regulation, registration became necessary for all deeds to
have legal validity. To enable the people to get their lands registered, district
registrars were appointed and the registration was notified for the information
of the public. 32 The state also opened many registration offices for the
convenience of the people. There were thirty one registering offices
throughout the state during the Maharaja's reign. Besides these, there was a
central office at Trivandrum to supervise the whole machinery. Qualified
persons were employed in the department as registrars. A minimum
qualification was fixed for them and their appointment was based on a special
examination. 33 The registrars became the paid servants of the state. A
separate establishment was created and the staff of these servants were
organised and graded. 14
30. C.F. No.4406, The Regulation I of 1042.M.E. (1867-68.A.D) by hisHighness the Maharaja. (SAT)
311. T.G.G, Vol. II, No. 10, Trivandrum, 1867, p.218.
32. Selected Notifications from 1811-1925, Trivandrum, 1939, pp.55-56.
33. R.A.T for the years I 040-1044.M.E. (1865-1 870.A.D), p.25.
34. S. Ramanath Aiyar, 2pcit., p.215.
82
In 1871 another notification was issued which insisted on a
uniform signature being affixed to all documents executed by a party. This
was followed by a fresh circular regarding the attestation of copies of
documents granted from the revenue department for the purposes of evidence
in the courts. 35 Whenever any memorandum was presented for registration of
document related to immovable property situated in a district or districts other
than the district in which the memorandum was received, the registrar
accepted the same and a copy was sent to the registrars of other districts where
such property was situated .36 And also, if a document was registered
inadvertently in a wrong office, the Huzur registrar had the power to order
such registration to stand and direct a copy of such a document with the
endorsement and certificate thereon to be forwarded without further charge for
registration at the office in which it was to be registered. In the case of a
minor person or a lunatic who executed a document, the registering officer had
the power to refue to register such document and the aggrieved party sought
remedy by appeal. If the Huzur registrar ordered a document to register, the
document was duly sent to the district registrar. In case it had any flaws, the
same had to be rectified within thirty days from the date of its registration.37
The regulations and notifications resulted in a nominal decrease in the number
of false documents and the consequent litigation. 38 The above measures taken
by the Maharaja removed much of the hardship, inconvenience and loss
related to the registration of the deeds.
35. Selected Notifications from 1811-1925 A.D., op.cit, pp.59-60.
36. Regulation I of 1042.M.E. (1867.A.D), Quoted in T.G.G, Vol.XI, No.37,Trivandrum, 1873, p.684.
37. T.G.G., Vol.XIV, No.33, Trivandrum, 1878, p.676.
38. S. Subramaniya Iyer, History of Travancore, (Malayalam), Trivandrum,
1892, p.200.
Issue of Pokkuvaravu Pattayams:
For a number of years, the land holders in Travancore did not
register their holdings in the proverties and other offices. But various changes
had taken place from time to time in their holdings either by sale or mortgage.
As the existing land revenue registers and real rolls of the actual payers of
such revenue were incorrect, the government officials experienced great
difficulties in tracing out the defaulters. So they could not compel them to pay
the land revenue promptly whenever the revenue to the government was in
arrears. Sometimes wrong persons were called upon to answer questions
regarding registration of their lands and the transfers of their property. 39 This
policy of the government provoked the people, and they resented such acts of
the government.
On many occasions the land holders of Travancore failed to pay
land tax to the government. Therefore strict measures were adopted to collect
the tax promptly. Consequently, in 1876 the government could collect an
arrear of Rs.6,48206. The non collection of the revenue and the accrual of
arrears were due to the lack of an accurate rent roll, and improper survey and
settlement. For a long time, the state could not realise where the problem lay.
Knowing the gravity of the situation, the Maharaja decided to find out suitable
remedies. In order to accomplish this a temporary pokkuvaravu department
was installed at the beginning of 1879.40
In accordance with the rules of the pokkuvaravu department
whenever an estate or a landed property entered in the name of one person
passed to another, the name of the transferee was recorded in the same after
39. T.G.G., Vol.XVII, No.33, Trivandrum, 1879, p.742.
40. T.L.R.M., p.436.
83
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certain preliminary enquiries. This process was denoted by the phrase
pokkuvaravu or transfer of registry. A document was issued by the
government to the landholder showing the annual land revenue payable by
him. The term used for the same was 'pokkuvaravu pattayams'. The
pokkuvaravu rules were sent to the Dewan Peishkars, tahsildars and other
officers of the sirkar in November 1879, for perusal and guidance.
Applications for transfer of registry of a property were presented before the
departments to which that property holder paid the tax and the officer of the
department made the necessary enquiries and ordered transfers in accordance
with the rules . 4 ' A fee of two chakrums was levied for registering such
changes and for granting fresh pattayams.42
A period of four months was fixed for making application for
pokkuvaravu or transfer of registry. But it was reported that the time limit
allotted was not sufficient and was likely to cause much inconvenience and
trouble to the land owners of the state. Therefore the government extended
the period for making the applications upto 11 April 188 0.
Waste Lands for Coffee and Tea Cultivation:
In Travancore, a vast undulating area had not been utilised either
by the natives or by the Europeans for cultivation. As these lands were not
brought under cultivation, it resulted in a loss of revenue to the government.
Before the time of Ayilyam Thirunal the government had made attempts to
bring the vast barren areas under plough. In 1824, during the time of Rani
Parvathi Bai, a proclamation was issued offering concessional terms for taking
41. T.G.G., Vol.XVII, No.46, Trivandrum, 1879, p.1 116.
42. Ibid., p.749.
43. Ibid., No.47, Trivandrum, 1879, p.1 133.
85
over mountain lands and making them suitable for the cultivation of coffee
and cinnamon. The lands were given free of tax for the first four years and
low rates of assessment were levied for the subsequent periods. A European
was made in charge of the general operation of tea and coffee cultivation.
This was the first step taken by the government to cultivate the wasteland in
the state. 44 In 1837, the government proposed to appoint a special staff
consisting of two men to assist the European officer. But the government did
not follow it up. However, after his ascendancy, the Maharaja realised that this
was an important measure intended to attract and promote a new plantation
industry for developing the resources of the state. He also desired to utilise
the capital, skill and enterprise of the European gentlemen in the tracts of
valuable lands. Therefore, he decided to offer all facilities to the planters
though there was a troublesome dispute between the government and the
zamindars. The dispute started because the zamindars had to lose their
ownership of the wastelands. The ownership of the waste lands were to be
given to the alien. However, the government resolved to sell the wastelands
suited for the cultivation of coffee and rules were framed for the sale of
wasteland for coffee cultivation. In framing the rules, the government was
guided by the Coorge rules 45 received from the Resident .46 On this basis, the
Maharaja made a draft regulation on 24 April 1 865.
44. T.L.R.M., p.272.
45. According to the Coorge rule, the lands purchased under these rules, it hada clear unassailable title to those lands. A sale once made would be finalso far as the land and the purchases were concerned.
46. C.F. No.4402, Letter No. 1953, from the Resident to the Dewan,Tnvandrum, 1 December 1864. (SAT)
47. Ibid., Rules for the sale of wastelands on the Travancore hills.
In accordance with the draft regulation for the sale of waste land
on the Travancore hills, applications for obtaining lands were addressed to the
Dewan of Travancore directly in the case of natives and through the British
Resident in the case of Europeans. Further the application should specify the
estimated area of the land, its location and its boundaries as accurately as
could be stated. None was permitted to occupy more than one tract of land
(500 acres) capable of being surrounded by a ring fence. No land was sold
until the area was estimated by the sirkar authorities. 48 If any objection was
raised on the sale or other disposition of such land, the Dewan conducted an
enquiry into the claim or objection. He called upon the claimant or protester
to produce any valid evidence or document upon which he relied in proof of
his claim or objection. After considering the same and making further
enquiry, the Dewan gave suitable orders and his order became final .49
Generally, waste lands were unclaimed at different places. The government
announced the venue and dates of the auction prior to the auction. The lands for
the Changanacherry district were sold at Kottayam; those in Thovalai and
Kalkulam in the division cutcherry at Padmanabhapuram and those in
Nedumangad at Trivandrum.50
In fact coffee cultivation attracted the Europeans. As a result
many Europeans secured wastelands for coffee cultivation. Grant, a British
native who settled in Ceylon was deputed to report upon some of the highlands
of Travancore with the view to planting of coffee. With this intention he visited
Ashaniboo hills and pointed out to the British Resident that he was willing to
48. Ibid., Letter No. 4005 from Huzur Cutcherry to the Resident, Trivandrum,19 December 1864.
49. Ibid., Regulation H of 1040 M.E.(1864-65 A.D) for the adjudication ofclaims to wastelands passed by His Highness the Maharaja, 24 April 1865.
50. T.G.G., Vol.VI, No.44, Trivandrum, 1868, p.72.
87
purchase about five hundred acres now occupied by Cox on lease. 5 ' The British
Resident forwarded the application of Grant to the Travancore government to
secure 500 acres of land at Ashamboo hills. On 28 February 1866, the title deed
was issued to Grant m the name of Mahendragiri estate. 52
In 1870, Thomas Miller and W.B. Miller, British Subjects,
purchased 365 acres of land situated in the taluk of Kalkulam, Ashamboo range,
for coffee cultivation. After surveying the extent of the land title deeds were
issued m the names of Hillside and Glenlee estates respectively. 53 In 1872,
Moncar, another Britisher purchased lots three and four and transferred them to
Cadell, another European. The latter applied for its title deed in the name of
Milonie estate. In the same year the title deed for Milonie estate was issued to
Cadell. 54 Subsequently in 1872, His Highness the Maharaja granted some
wastelands for coffee cultivation to the shareholders of Glenallyn Coffee
Company. After satisfying the formalities of surveying the lands, title deeds
were given to the shareholders, Rev. James Duthie of White Heaven residing at
Nagercoil, William Lee of Liverton residing at Neyyoor, Samuel Mateer of
Belfast residing at Trivandrum, James Emlyn Jones of New Castle, residing at
Parassalai, Arulanandam Arumugam of Aloor, Vedakkan Moses of Nagercoil,
Massillamony Joshua of Agasteeswaram, Yesudian Daniel and Yesudian Henry
both of Nagercoil.55
51. C.F. No.4422, Letter From Grant to the British Resident. (SAT)
52. Ibid., Letter No.778/R294 from Huzur Cutcherr y to Arbutnut of Madras,28 February 1866.
53. C.F. No.4492, Letter No.21, from the Revenue Surveyor to the Dewan ofTravancore, 11 July 1820. (SAT)
54. C.F. No.4439, Letter No.R861 from A. Grant to Revenue Surveyor, 19June 1872. (SAT)
55. C.F. No.440, Coffee and Tea Cultivation - Issue of title deeds; LetterNo.49/R15, from Dewan of Travancore, Tnvandrum. (SAT)
87
purchase about five hundred acres now occupied by Cox on lease. 5 ' The British
Resident forwarded the application of Grant to the Travancore government to
secure 500 acres of land at Ashamboo hills. On 28 February 1866, the title deed
was issued to Grant in the name of Mahendragin estate. 52
In 1870, Thomas Miller and W.B. Miller, British Subjects,
purchased 365 acres of land situated in the taluk of Kailculam, Ashamboo range,
for coffee cultivation. After surveying the extent of the land title deeds were
issued in the names of Hillside and Glenlee estates respectively. 53 In 1872,
Moncar, another Britisher purchased lots three and four and transferred them to
Cadell, another European. The latter applied for its title deed in the name of
Milonie estate. In the same year the title deed for Milonie estate was issued to
Cadell. 54 Subsequently in 1872, His Highness the Maharaja granted some
wastelands for coffee cultivation to the shareholders of Glenallyn Coffee
Company. After satisfying the formalities of surveying the lands, title deeds•
were given to the shareholders, Rev. James Duthie of White Heaven residing at
Nagercoil, William Lee of Liver-ton residing at Neyyoor, Samuel Mateer of
Belfast residing at Trivandrum, James Emlyn Jones of New Castle, residing at
Parassalai, Arulanandam Arumugam of Aloor, Vedakkan Moses of Nagercoil,
Massillamony Joshua of Agasteeswaram, Yesudian Daniel and Yesudian Henry
both of Nagercoil.55
51. C.F. No.4422, Letter From Grant to the British Resident. (SAT)
52. Ibid., Letter No.778/R294 from Huzur Cutcherry to Arbutnut of Madras,28 February 1866.
53. C.F. No.4492, Letter No.21, from the Revenue Surveyor to the Dewan ofTravancore, II July 1820. (SAT)
54. C.F. No.4439, Letter No.R861 from A. Grant to Revenue Surveyor, 19June 1872. (SAT)
55. C.F. No.440, Coffee and Tea Cultivation - Issue of title deeds; LetterNo. 49/RI 5, from Dewan of Travancore, Trivandrum. (SAT)
88
On 28 October 1873, Jonathan Ritchie and his brother Archibald
Ritchie purchased 500 acres of wasteland in Kalkulam taluk for coffee
cultivation at an auction sale. 56 In 1877, they relinquished the rights of the land
and requested the government to insert the name of John Cox, a British
subject. 57 The latter, on the strength of a letter from the former, requested the
government to insert his name in the government records and named the land
Balamoral estate. John Cox requested the government to insert the names of
partners like the Rev. Samuel Jones, George Hall, George Oliver, William Lee,
James Duthie and Frederic Baylis. As the insertion of the names of so many led
to inconvenience especially in respect of heirship, the title deed was issued in
the name of John Cox.58
Land disputes
Eventhough most of the land transactions for coffee and tea
cultivation were smooth, some disputes arose between the land holders and the
government. Harward Egan was willing to purchase about 150 acres of waste
land on the Peermade hills, in 1871. The Dewan instructed Arklie, the Revenue
Surveyor to furnish him with a rough sketch of the land and the customary
report of its boundaries and estimated areas. 59 On receipt of the report of the
Surveyor, the government informed Harward Egan to send in a formal request
to purchase the land. Accordingly, he not only applied but paid Rs. 145 in the
district treasury at Changanacheny as the usual cost of the land. The
56. C.F. No.44 15, Letter from Ritchie to the Dewan of Travancore, 28 October1873. (SAT)
57. Ibid., 1 June 1877.
58. Ibid., Letter from Huzur Cutcherr y to John Cox, Nagercoil, 13 June 1877.
59. C.F. No.44 14, Letter No.R172 from Huzur Cutcherry to Harward EganPeermade, Trivandrum, 21 February 1871. (SAT)
89
government also instructed the Revenue Surveyor to furnish it with survey maps
of the land on receipt of which the title deed was to be duly issued .60 But the
title deed was not sent to Egan for a long time. Therefore, in 1875, Egan wrote
a letter to the Travancore government to invite him on a convenient day. 6 ' As
there was no reply from the Travancore government, he reported the matter to
the British Resident in October 1875. Egan in his letter complained of a claim
made on him by the government for payment of an excess amount at the rate of
sixteen rupees per acre for seventy five acres alleged to be excess land held by
him beyond the former estimated acreage. He stated that James, his Surveyor,
originally surveyed his property in 1872 and fixed the holding at 145 acres and
he paid the amount for all the land at the then rate of one rupee per acre. Since
then, in April 1872, Arklie surveyed the land with the same boundaries and
made out the area to be 220 acres i.e about seventy five acres beyond the
original estimated survey. The Resident suggested to the Travancore
government that if Arklie's survey was the correct one and Jame's incorrect,
Egan was to be directed to pay for the extra acreage at the average price of ten
rupees per acre. 62 The rate was one rupee per acre when he purchased the land
m 1871.63
The Travancore government replied that he was under a
misapprehension in supposing that the lot was twice surveyed with the same
boundaries with a different result on each occasion. When a lot was applied for,
60. Ibid., Letter No.2271R55 from Huzur Cutcherry to Harward Egan,Kottayam, Tnvandrum, 17 January 1872.
61. Ibid., Letter No.853/R219, from Dewan Peishkar in charge to HarwardEgan, Trivandrum, 1 March 1872.
62. His Highness the Maharaja notified that from and after 2 June 1874, theupset price on every lot put up for sale would be British ten rupees peracreage (T..L.R.M, Vol. II, Trivandrum, 1915, p.13).
63. C.F. No.4414, Letter No.714 from the Resident's Office to the Dewan ofTravancore, Tnvandrum, 18 October 1875. (SAT)
a survey was not generally made at once, but a mere estimate of the area on a
view of the land was made. The lot was then advertised for sale as containing
this area. When the survey was made, and which unfortunately, as in this case,
took place long after the sale, the result fell either above or under the estimate .64
Egan, of course was cognisant of the terms on which he
purchased the land and the rules under which it was sold which had been clearly
referred to in the advertisement. Egan could either place the excess land at the
disposal of the government or, if he wished, retain it and pay for it at the
average price realised at the last sale of lands at Peermade. Accepting it Egan
sent a cheque for Rs.600/- in payment for sixty acres. The title deed of the
whole block was made out in the name of Munam Creek estate and was issued
to Egan in 1 877. 65 The deed was registered in the Meenachal district registry
office. 66 Thus by a wise policy, the government put an end to the controversy.
Similarly, one Abraham Devasahayam and Karuthudian Isaac,
Christians of Nagercoil, bought, as per the government's notice 150 acres of
waste land for coffee cultivation on 12 September 1872. They requested the
government to issue the title deeds and maps for the above said land in their
names, 67 and they wanted the title deeds and maps to be sent to the address of
64. Ibid., Letter No.2894/R1006, from Huzur Cutcherry to the ActingResident; 30 June 1 876.
65. Ibid., Letter from Aspinwall & Company to the Dewan of Travancore, 12March 1877.
66. Ibid., Letter from Aspinwall & Company to the Dewan of Travancore, 23April 1877.
67. 1. Rev. James Duthie of Scotland resided at Nagercoil.2. Abraham Devasahayam of Nagercoil.3. Alexander Massillamony Joseph of Nagercoil.4. Karuthudian Isaac Nagercoil.5. Pottivadimay Pothugonathan Joseph of Nagercoil.(C.F. No.4426, Letter from Abraham Devasahayam to the Dewan ofTravancore, Nagercoil, 2 January 1874). (SAT)
;ii
Rev. Duthie, Nagercoil. The name of the coffee estate mentioned in the title
deed was Crown Hill estate. In the meantime, the Revenue Surveyor reported
to the government that the acreage of the Crown Hill estate was 100 acres in
excess of the area sold. He asked the government to issue a map to ascertain the
actual area .6' The government informed him that the map of the Crown Hill
estate was to be drawn up including the hundred acres found in excess .69 The
cheque in payment of the value of Rs. 1666/- for the excess area II 1 acres was
sent to the government and the title deed for the land was sent in 1877 in the
names of the parties.70
So also, in 1874, twenty nine coffee planters including John Cox
and Miller in Travancore gave a memorandum to His Highness the Maharaja
concerning the application for the remission of the heavy export duties levied
on coffee by the government .71 The government, with the intention of
encouraging the cultivation of coffee 'in the Travancore territories, graciously
considered the matter. The government felt that the duty on coffee exported
from Travancore was so high that it was unable to compete in the market on
equal terms with the produce of other places. Therefore the government was
pleased to abolish the duty of five per cent hitherto levied on the export on 13
May 1875.72 The government of Madras appreciated this liberal policy of His
68. Ibid., Letter No.28, from Revenue Survey Office to the Dewan ofTravancore, Trivandrum, 16 June 1874.
69. Ibid., Letter no.3177/RI172 from Huzur Cutcherry to the RevenueSurveyor, Trivandrum, 9 August 1874.
70. Ibid., Letter from 1-luzur Cutcherry to Rev. I. Duthie, Trivandrum, 5 July1877.
71. C.F. No.14866, Letter from 29 coffee planters from Ashamboo to theDewan of Travancore, June 1874. (SAT)
72. T.G.G., Vol.X, No.49, Trivandrum, 1876, p.1141.
92
Highness the Maharaja. It shows the liberal attitude of the ruler and the
encouragement bestowed on coffee cultivation.
The coffee planters very often incurred heavy losses on account
of theft. The planters in the country quite often found that their produce had
been stolen. In order to safeguard their produce from theft, the government
passed a law similar to the one that prevailed in British India. 73 The main
provision of the regulation was that possession of coffee by people other than
the planters in the region of the coffee estates was illegal. Coffee found with
individuals should be such as was intended purely for home consumptions. The
purchase of coffee could not be from a labourer in a coffee estate. This
regulation was to be in effect in coffee cultivating districts or parts of districts
or within such localities. Purchasing or taking m barter or exchange coffee from
any labourer employed on a coffee estate was unlawful .74
The total income of government from coffee lands in the
assessment years 1867 to 1877 was Rs.3,31,081. The government obtained this
amount by the sale of land upto 1877. Besides, Rs.50,000 was realised as tax
paid on coffee estate. The amount of the tax due when the period of exemption
excess was Rs. 15,645 annas 12 paise 4. The amount received by the
government by export duty was Rs. 1,96,688. The total income of the
government on account of the coffee lands from the above period was
Rs.5,93,414 armas 12 paise 4. On the other hand, the government spent
Rs.68,806 annas 5 paise I for roads in connection with the coffee estates. It
also allotted Rs. 1,30,000 aimas 15 paise 9 for the cost of survey establishment.
The cost of establishment of coffee magistrates was Rs. 15,484 annas 11 paise 8,
73. The Acts and Proclamations of Travancore, Vol.1, Trivandrum, 1948, p.51.
74. The Regulations and Proclamations of Travancore, Vol.1, Tnvandrum,1927, p.18.
the cost of buildings was Rs.7,137 annas 15 paise 2. The total expenditure
regarding coffee lands for the year 1877 was Rs.2,2 1,430 annas 15 paise 8. The
gain was Rs.3,56,338 paise 475
To provide better facilities to the proprietors of coffee estate in
Travancore, Maharaja Ayilyam Thirunal issued a fresh set of rules on 31 July
1877 for granting grass lands for homestead 76 and farmstead. 77 Accordingly,
the proprietors of coffee estates on the Peermade range of hills holding under
the terms of the memorandum of 8 March 1862 or the rules of April 1865 were
provided land unencumbered by other rights and which the government did not
wish to reserve and which was available either immediately adjoining the estate
or within a mile of it. 78 For homestead, the grant was in the proportion of four
per cent of the area of the estate as ascertained by survey and not exceeding
twenty acres. For farmstead the grant was at the rate of ten acres for every 100
acres of the estate, the minimum was fifty acres to an estate. A tax of one
fourth of a British rupee was payable to the sirkar annually on every acre of
land granted. The tax remained unaltered till the year 18 99.
Pandarapattam Proclamation : (1865)
To replenish the coffer of the state, the government issued
government land to private persons for cultivation. Such lands granted came to
75. C.F. No.4485, Coffee and Tea Cultivation - Income and expenditure to thesirkar account of coffee lands from 1042 M.E. to 1052 M.E (1867 AD to1877 A.D). (SAT)
76. Homestead: An area for dwelling houses, compound, cooly lines andouthouses.
77. Farmstead: An area for the construction of cattle pen, and other buildings.
78. C.F. No.4602, Coffee and Tea cultivation, Letter No:833 from Resident'soffice to the Dewan of Travancore, 15 November 1877. (SAT)
79. T.L.R.M., Vol. IV., pp.i4-18:
94
be known as sirkar pattam. Hence a large portion of the lands of Travancore
was held on a tenure called sirkar pattam. The sirkar lands were broadly sub-
divided into six classes namely, kandukrishipattam, kuttagapattam, vempattam,
otti anubogum or personal mam lands and uli yam lands or service lands. All
the sirkar lands were given to the tenants for cultivation. The tenants were
expected to remit to the sirkar the grain rent, a little more than half of the gross
produce. 8° They were no more than tenants at will. They could not sell even
the occupancy right or transfer it without the prior consent of the sirkar. But, in
general the sirkar never interfered with their occupancy.
The tenants in possession of those lands held them just as the
tenants of an ordinary ienmi. 8 ' There were some serious disadvantages in the
tenancy. The government did not let the tenants assert themselves by securing
financial independence. Whenever the ryot obtained high yield, the government
did not give any recognition to the ryots. In the same manner when there was
sever drought the government left them in the lurch. Therefore in certain areas
the tenants showed a lethargic attitude towards cultivation. This adversely
affected the permanent improvement of this class of lands. 82 In short the
position of the ryots was far from satisfactory. The cesses and taxes on the poor
were many and the result was that a good number of them were unable to pay
the taxes and so fell in arrears .83
80. R.A.T. for the year 1048-49 M.E (1873-74 A.D.), p.43.
81. S.C.R. No:1 10, Neettu of 1040 M.E.(11865 A.D) to Dewan Sir T. MadhavaRao. (CAT)
82. C.F. No.228, Letter No.684, from Residents office to the Dewan ofTravancore 18 May 1865. (SAT)
83. Proceedings of the Madras Government for the year 1861, PoliticalDepartment, 5 April 1861, Letter from the Resident of Travancore andCochin to the Chief Secretary to the government, Fort. St. George. (TNA)
It was in this situation the Maharaja wanted to mend the
conditions of the ryots with a view to augmenting the financial resources of the
state. So it was essential to regularise and reform the agrarian system.
Accordingly, a series of measures were adopted. The first measure was the
enfranchisement of the sirkar pattam lands in 1865 known as pandarapattam.
Before this time, the ryots had no right of transferring, inheriting and selling the
land that they had. By the Proclamation of 1865, the government liberalised the
tenancy and the ryots were conferred ownership rights - heritable, saleable and
transferable. Thus the tenants became the permanent owners of the land. The
sirkar surrendered all arbitrary powers over the wet land, garden land or dry
land in the ayacut accounts. 84 This pattam proclamation of 1865 gave
ownership rights to the tenants of 2,00,000 of acres of sirkar lands which in turn
helped accelerate the decline of the tarwards. 85 It reduced the status of the caste
Hindus considerably. It also enabled the sirkar to realise Rs. 15 crores by way
of land value. 86 Moreover this system removed the restriction which had made
the holders of all sirkar pattam lands mere tenants at will and conferred on them
full ownership rights. In course of time, the liberal policy adopted in 1865 was
to bring about a distribution or diffusion of landed property among all classes of
His Highness' subjects. Also the evils arising from land monopoly was
remedied to a considerable extent. 87 A moderate fee was collected on all
transfer of lands from the tenants to prevent attempts at tax evasion. It was also
decided to specify the fees in the notification so as to avoid any uncertainty on
84. C.F. No.228, Proclamation recogrnsing rights over 1865-1878, Draft ofNotification. (SAT)
85. The Acts and Proclamations of Travancore, p.34.
86. R.A.T. for the year 1864-65 A.D., pp.28-30.
87. T.L.R.M., op.cit., p.378.
the subject."" Indeed it relieved the tenants from the fear of arbitrary eviction
and encouraged them to effect substantial improvement to their holdings. The
lands were sold for arrears of tax in execution of decrees of courts and such
other legitimate purposes and was accepted as security by private individuals.89
This system encouraged the tenants to cultivate their lands enthusiastically. The
maximum production from such lands went 'into the packets of the tenants and a
minimum produce went into the coffers of the state.
The landholders were assured that they could enjoy their lands
undisturbed so long as the appointed assessment was paid. The holders were
also at liberty to lay down labour and capital on their lands. But their lands and
other private lands were resumable by the sirkar only for purely public
purposes, as for instance, for making roads and digging canals. When the sirkar
assumed lands for such purposes, compensation was paid by the sirkar equal to
the full market value of such lands. The foregoing concessions did not in any
way affect the rights of the sirkar to regulate land tax and to confiscate the
property of the criminals. When pattam land was transferred to a pauper with
the view to defrauding the sirkar of the tax due to it, the sirkar had the right of
apportioning the tax so as to prevent loss of revenue. 90 As a result of this
proclamation tenants became hereditary owners of land. As proper right was
bestowed on them they, with much enthusiasm, cultivated the land.
Consequently, they produced surplus of grains which in turn not only boosted
the economy of the state, but reduced the prices of food grains. As a result, all
people could obtain the required commodities cheap. Everywhere there was
prosperity and plenty.
88. R.A.T. for the year 1040 M.E (1865 A.D), pp.28-31.
89. C.F. No.228, Proclamation recognising rights over 1865-1878, Draft ofNotification. (SAT)
90. The Regulations and Proclamations of Travancore, Vol.1, p.8.
Jenmi Kudiyan Proclamation: 1867
The next important measure that was adopted during his reign
was the Jenmi-Kudi yan Proclamation of 1867. The jçmis were landed
proprietors. Their land ownership was known as jenmam lands. It signified the
absolute ownership of the lands such as of dewaswamvaka, brahmaswamvaka
and madambimarvaka. The first two groups belonged to private dewaswams
and the Brahmins corresponding to devala yams and brahmalayams. 9 ' One
third of the cultivated land remained in the hands of aristocratic minorities like
Brahmms and local chieftains. All other people (kudiyans) received lands from
them. 92 Kudiyans were the tenants of the jnmis like Brahmins and local
chieftains. Jenmis created various kinds of sub-ordinate tenures under the
kudiyans. Verumpattam tenure was one among them. Under verumpattam
tenure the kudi yans hold lands on lease for certain periods and on conditions
stated in the contract. They were liable to be evicted under the condition of the
contract. Another one was kanapattam under which tenure rent was payable
by the tenant who was however allowed to set off against the rent, the interest
on the 'kanam' amount which he paid to the jpmi at the commencement of the
tenancy. Originally the kanapattam lease was run only for a period of three
years but it was extended to twelve years if they paid the rent in advance
systematically. 94
Many kudiyans thus occupied jenmam lands for generations by
erecting substantial buildings, carrying out improvements and looking upon
91. K.P. Padmanabha Menon, History of Kerala, Vol.111, Ernakulam, 1933,p.60.
92. K. Krishna Pillai, Travancore and its Rulers, Kottayam, 1980, p.1 06.
93. Census of India 1951, Travancore Cochin, Trivandrum, 1952, p.viii.
94. P.N. Kunjan Pillai, Janmisampradayam in Keralatil, (Malayalam)Kottayam, 1959, p.91.
97
98
their tenure as of a permanent character. The jenmis claimed their right to evict
the kudiyans and recover the lands on repayment of the amount received by
them. The payment made by the kudiyans to the jenmi fell under three heads -
annual, occasional and once in twelve years.95
In course of time, the government granted some concessions to
the jenmis. Accordingly, lands of the jenmis as long as they were not alienated,
enjoyed exemption from taxation. In course of time, alienation took place
mostly by kanapattarn tenure. The lands of the jenmis under kanapattam tenure
were cultivated by the kudi yans. They had no right to the land and they were
evicted from their holdings at the slightest rift with the jenmis. In eighteenth
and nineteenth centuries the relations between the jenmis and the kudiyans
became strained. The spread of western thought and ideas produced a new
awakening among the kudiyans to question the autocracy of the jenmis.
Moreover, the monopoly in land for the Brahmins created a sense of insecurity
that arose on account of the right of eviction enjoyed by the jenmis. 96 While
kudiyans hold lands of the jenmis for a consideration under the tenures and as
long as they paid the stipulated rent and other customary dues, they were not
liable to action for ouster by the jenmis and the court had no jurisdiction, to give
judgement in favour of such action. 97 Therefore, with a view to improving the
relation between the jenmis and the kudiyans and to safeguard their interests
upon which rested the agricultural improvement and the prosperity of the people
at large, Royal Edicts and Proclamations were issued from time to time. The
Edicts of 1830 and 1832 were instances to this point. These Edicts affirmed
95. A. Sreedhara Menon, Kerala District Gazetteers, Trivandrum District,Trivandrum,1962, p.548.
96. Lawrence Lopez, A Special History of Modern Kerala, Trivandrum, 1988,p.195.
97. T.G.G., Vol.V, Trivandrum, 1868, p.498.
that the kudi yans should pay the jenmis the usual ordinary and extraordinary
dues and that the jenmis should receive the same and let the tenant in possession
and enjoyment of the property. 98
The edicts of 1 830 and 1 832 had its demerits. These edicts did
not safeguard the tenants from eviction. The tenants continued to force the
government to liberate them from the clutches of the landlords. This problem,
in fact was so intense that in 1 865 there were 937 civil cases filed in different
courts for the ouster of the tenants in various parts of Travancore. It is
interesting to note here that the arrears were not realised until twenty years
later. With the jenmis experiencing more and more difficulty on account of
their tenants, they began to send petitions to the government to redress their
grievancesY
In the petition the jenmis claimed their right to evict the tenants
and recover the lands on repayment of the amount received by them from the
latter. But the sirkar considered that it was undesirable to refuse the benefits to
the industrious peasants, the sole improvers of the jenmam lands. The sirkar
also thought that the security of the tenants could ensure the agricultural
prosperity of the state. Therefore, to safeguard the tenants from the jenmis, the
Maharaja issued the Jenmi-Kudiyan Proclamation in August 1867. This
proclamation removed the sense of insecurity of the tenants and elevated thçm
to the state of independence.' 00 As per the Proclamation the tenants who paid
the rent and the customary dues were not liable to ejection. The jenmi was at
liberty to exercise the right of readjusting the rent at the renewal of the lease.
98. Lawrence Lopez, p.195.
99. C.F. No. 12 128, Madhava Rao's memorandum of kanapattam tenure, 11June 1867, (SAT)., RAT for the year 1866-67 A.D, p.37.
100. Madhava Rao's Ad4rss quoted in the Report of the Malabar LandTenures Committee,. 85.
100
The jenmis sought recovery of lands when the tenants withheld the payment of
rent due for a whole period of twelve years. The tenants were further allowed
to deposit the dues in a munsiff court with a variola (written declaration) on the
refusal of the jenmi to receive the same. Such cases could be filed free of cost.
In cases of restoration of the land to the jenmi, the tenant was entitled to get
compensation for the improvements he had effected on the holding.10'
However, there were some hurdles to the recovery of the rents
from the tenants. Therefore the sirkar thought that an enactment was essential
for the settlement of rights between the jenmis and the tenants. Accordingly a
Regulation was framed in the same year for the protection of the jenmis against
the occupation of lands by tenants even after the expiry of their period of lease
and to help them realise the rents. This Regulation helped to reaffirm and render
clear settlements among the jenmis and the kudiyans and to give them effect in
a way equitable to both parties. 102 Thus the Pandarapattam Proclamation and
the Jenmi-Kudiyan Proclamation improved the conditions of the tenants.
Madhava Rao the then Dewan of Travancore, hailed these proclamations as the
Magnacarta of Travancore Tenants". 10' These measures went a long way in to
maintaining cordial relationship between the jenmis and the tenants.
Public Garden
The Maharaja had a great aesthetic sense. He loved to watch the
beautiful panorma of nature. Therefore he encouraged the establishment of
public gardens in Travancore. He liberally allotted funds for the establishment
of a public garden at Peermade for the cultivation of useful and ornamental
101. T.L.R.M., Vol.IV, Trivandrum, 1916, p.396.
102. Neettu, Vol.97, No.525, 8 August 1867.
103. R.A.T. for the year 1867, p.132.
101
plants in the state. He sanctioned Rs. 1000 for the formation of a garden with a
glass house and Rs.300 for importing plants and seeds from the neighbouring
hills and forty rupees per month as salary for the gardeners and the coolies. The
site selected at Peermade was free from malaria and exposed to sea breeze.' 04
In the garden plants like tea, coffee, cotton and vanila were cultivated. Various
officials were appointed to look after such gardens. For instance Mc. Ivan was
appointed as Superintendent to supervise His Highness the Maharaja's garden at
Peermade. Cinchonas were supplied from Ootacamund for making use of the
system pursued by Mc. Ivan.'05
The beginnings of agrarian reform in Travancore lay in the reign
of Maharaja Ayilyam Thirunal. During his time an agency was established for
scientific survey and settlement. Land registration was made compulsory which
gave legal validity to one's property. To eliminate cheating on taxes due from
purchase or transfer of property and to trace the actual defaulters of tax to the
sirkar, pokkuvaravu or transfer registry was introduced and pokkuvaravu
pattayams were issued. Areas of land untouched for generation were brought
under coffee and tea cultivation which enhanced the state economy greatly.
Besides the complicated relationship between the landlords and the tenants
necessitated the introduction of land reforms. The pandarapattam proclamation
and jenmi-kudiyan proclamation were the best of their kind meant to benefit the
tenants.
104. C.F. No.203, Memorandum on the Institution of Government Gardens inTravancore. (SAT)
105. Ibid., Government Gardens, Letter No.366, from the Resident Maryville,12 March 1863.