In a writ petition challenging an order rejecting a claim for reassignment of land, the High Court dismissed the petition. The court held the claim unsustainable due to a lapse of over a century, pending registration of the heir's claim in a Civil Court, and the impossibility of eviction of encroachers.
Writ petition dismissed; no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.3485 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2023
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.No.3485 of 2023
A.Fatheema Bee
.. Petitioner
Versus
Kallakurichi .. Respondents
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Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of order dated 26.08.2022 vide proceedings in Na.Ka.Aa2/15664/2022 on the file of 1st respondent and quash the same and consequently direct 1st respondent to reassign the land comprised in S.No.80/1, 80/2, 78/6, 69/2, 52, 68/2, 71/1, 72/2 situated at Alattur Village, Kallakurichi District to the petitioner.
For Petitioner : Mr.K.Myilsamy
For Respondents : Mr.P.Sathish Additional Government Pleader
O R D E R
The Writ Petition has been filed challenging the proceeding of the
first respondent in Na.Ka.Aa2/15664/2022 dated 26.08.2022, quash the same and to consequently, direct the 1st respondent to reassign the subject lands to the petitioner.
an extent of 16.10 acres and cents comprised in S.Nos.64, 65/1, 65/2, 65 situated at Alattur Village, Kallakurichi District originally belonged to one Musthafa Shaibu, the great grandfather of the petitioner and he was in possession and enjoyment of the said lands during his life time and after his demise, his two sons namely Sayed Shaibu and Abdul Rahuman inherited
the subject property and enjoyed the same. The said Abdul Rahuman is none
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other than the grandfather of the petitioner. While so, due to famine, the legal heirs of the said Musthafa Shaibu left for Mumbai and therefore, for non payment of Land Tax dues for a long period of time, the respondents brought the subject property to public auction and as no one came up to purchase the said property, the same was retained with the Government with a classification of Government Tharisu. After knowing the same, the petitioner made a detailed representation dated 16.11.2021 before the respondents seeking for reassignment of the subject property with an undertaking to pay the entire arrears and necessary penalty charges for reassignment of the subject lands. On receipt of the said representation, though several correspondences have taken place in between the respondents, no final order has been passed on the said representation. Aggrieved by the inaction on the part of the respondents, the petitioner filed a Writ petition in W.P.No.10270 of 2022 and this Court, vide order dated 27.04.2022 directed the 1st respondent to pass orders on the petitioner's representation and in compliance of the same, the 1st respondent has passed the present impugned order, vide proceedings in Na.Ka.Aa2/15664/2022 dated 26.08.2022, rejecting the petitioner's claim for reassignment of the subject lands. Challenging the same, the present Writ petition is filed. 3/8
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that some portion of the subject lands were occupied by the third persons, however, the major grievance of the petitioner is that, when the petitioner himself come forward to pay the entire arrears and sought for reassignment of the subject lands, it is the duty cast upon the Government to reassign the lands in favour of the petitioner, on receipt of the entire arrears amount and the necessary penalty charges and after evicting the encroachments made in the said lands. While so, in the case in hand, the 1st respondent, without doing so, has rejected the petitioner's claim merely on the ground that some third persons have encroached the major portion of the subject lands and they are in possession for a long period of time and some of them have also obtained patta in their favour and therefore, the petitioner is not entitled for reassignment of the subject lands, which is not sustainable. Hence, he prayed for allowing this Writ petition.
Government Pleader appearing for the respondents and perused the materials available on record.
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W.P.No.3485 of 2023
the said Musthafa Shaibu, however, the act of the petitioner, as rightly pointed out by the officials, after a lapse of about 10 decades, without approaching the Civil Court to establish his right over the subject lands, straight away approaching the revenue officials merely by filing an application for reassignment of the subject lands, is not sustainable. Hence, this Court is not inclined to interfere with the order impugned in this Writ petition. However, liberty is granted to the petitioner to workout the remedy in the manner known to law in a Civil Court if his right is not extinguished by operation of Limitation Act.
costs.
08.02.202 3 dhk Speaking Order : Yes/ No Index : Yes/ No Neutral Citation : Yes/No
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To
Kallakurichi
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N.SATHISH KUMAR, J.
dhk
W.P.No.3485 of 2023
08.02.2023
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2 issues framed by the court
Whether a late application by a self-styled legal heir for reassignment of land retained as Government Tharisu is maintainable given long lapse and encroachment.
Whether the Revenue Officer correctly rejected the application on grounds of encroachment, lack of possession by the petitioner, and failure to approach Civil Court within limitation.
A Fatheema Bee
The District Collector
The District Revenue Officer
The Revenue Divisional Officer
The Tahsildar
The Village Administrative Officer
N Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
