Muniappa, the Tahsildar, Hosur, has inadvertently failed to note
the entry made in the prohibitory order book as "Reserved from
Assignment". However, the Sub-collector, Hosur, during the
Jamabandhi has noticed the irregular assignment made in favour
of Muniappa and initiated action for cancellation of the
assignment and after giving ample opportunity to the appellant,
he has passed an order cancelling the assignment. Thereafter,
the appellant has filed an appeal against the order of
cancellation before the District Revenue Officer, the third
respondent, who, by his proceedings in Roc.111035/87 Z2 dated
29.11.1988, allowed the appeal and set aside the order passed by
the Sub Collector. Challenging, the above said order, one
Sonnappa, preferred an appeal before the Commissioner of Revenue
Administration, Chennai and the same was allowed by an order
dated 01.02.1994, thereby cancelling the order passed by the
third respondent. Against the order passed by the Special
Commissioner and Commissioner of Land and Administration, the
appellant and his brother filed a writ petition before this
Court in W.P.No.16282/1994 and this Court by an order dated
18.04.2001 allowed the writ petition with liberty to the second
respondent to proceed afresh after giving opportunity to the
appellant. After giving appropriate opportunity to the
appellant, the Commissioner of Revenue Administration once again
passed an order dated 18.04.2001, thereby confirming his order
dated 01.02.1994. Against the said order, the appellant filed a
revision petition before the first respondent, who has confirmed
the order passed by the Commissioner of Revenue Administration
by order dated 10.06.2004. However, the land has been entered
into a prohibitory order book and necessary entries were made
in the revenue records to the effect stating as “reserved for
assignment" in the year 1925 itself. But, the Tahsildar, Hosur,
without verifying the records properly, has inadvertently
assigned the land in favour of the appellant's grandfather.
Subsequently, the Sub-Collector on the inspection during the
Jamabandhi, finding out some irregularities that the said land
was entered into prohibitory order book, cancelled the
assignment. Moreover, the assignee Muniappa's family has got
3.57 acres of patta lands in Onnalavadi Village, at the time of
assignment and that the said Muniappa is not entitled for
assignment of lands as his family members owned 3.57 acres of
patta land in Onnalavadi village. A perusal of the above
proceedings dated 01.02.1994 issued by the Special Commissioner
and Commissioner of Land Administration, Chennai shows that the