The High Court dismissed the writ appeal challenging the cancellation of Grama Natham land assignments under RSO 21. The Court held that the assignees breached conditions by failing to construct within the stipulated time and that the Government retains paramount title to unoccupied lands, validating the cancellation order.
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.
WA No.1263 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.07.2024
CORAM:
THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MR. JUSTICE R.SAKTHIVEL
WA No.1263 of 2024
1.R.Elumalai
2.Rathinakumari
: Appellants
versus
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7.The Block Development Officer, Panchayat Union Office, Melmalayanur Taluk, Villupuram District
Writ appeal filed against the order of learned Single Judge in WP No.8190 of 2023 dated 24.07.2023.
For the Appellants : Mr.T.K.Kulasekaran
For the Respondents : Mr.A.Selvendiran, Special Government Pleader
JUDGMENT
(made by R.SUBRAMANIAN, J.)
The appellants are aggrieved by the dismissal of their writ petition in WP No.8190 of 2023, dated 24.07.2023.
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with reference to an extent of 6.79 cents in Survey Numbers 150/21, 150/22, 150/23 and 150/24 of Avalurpettai Village, Villupuram District, on 15.07.2005. The said assignments were made under Revenue Standing Orders 21 (for short, 'RSO 21') which authorises the Tahsildar to grant assignment of Grama natham lands (unoccupied natham ) which are at the disposal of the Government.
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WA No.1263 of 2024 5. Though it is the contention of Mr.T.K.Kulasekaran, learned
counsel for the appellants, that constructions have been put-up, the order impugned in the writ petition shows that that the first appellant himself has admitted that he has not put-up construction and he had sought for permission to put-up construction in the year 2017. He has also deposed that he has no other land in his name. Contrary to the said fact, patta issued under the Natham Settlement Scheme in favour of the first appellant has been produced by him to show that he is in possession of at least 357 sq.meters, equivalent to 3,800 sq.ft. of land in Survey Nos.149/18 and 150/9 of the very same village. RSO 21 does not prohibit assignment of land to a person who is possessed of some land in village but it provides that care should be taken that assignment is not granted to persons who are already possessed of enough land for their reasonable requirement. That is the precise reason why the first appellant has cleverly obtained assignments in the names of the female members and the authorities have also obliged him by granting such assignment in the name of his wife, mother, sister and daughter. The fact that construction has not been put-up is admitted. It is also seen that the sister and daughter of the first appellant are not residing in Avalurpettai village at all. While the sister is residing in Thenmalai Village of Tiruvannamalai District, daughter is residing in Vengikkal Village of Tiruvannamalai District. Mother is no
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WA No.1263 of 2024 more. Hence, it is clear that the assignment conditions have been breached by the assignees.
(R.S.M., J.) (R.S.V., J.) 04.07.2024
Index : Yes/no tar
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To
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WA No.1263 of 2024 R.SUBRAMANIAN, J.
and R.SAKTHIVEL, J. (tar)
WA No.1263 of 2024
04.07.2024
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2 issues framed by the court
Whether the cancellation of Grama Natham land assignment by the District Revenue Officer was valid given breach of construction conditions and eligibility criteria?
Whether the Government holds paramount title to unoccupied Grama Natham lands assigned under RSO 21?
R.Elumalai
Rathinakumari
The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai
The District Collector, Villupuram District
The District Revenue Officer, Villupuram District
The Sub-Collector/ Revenue Divisional Officer, Tindivanam, Villupuram District
R.SUBRAMANIAN
R.SAKTHIVEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
