The Madras High Court allowed a writ petition challenging an order cancelling a land assignment. The Court set aside the order as it prescribed an unheard condition absent in the original assignment and denied the petitioner notice.
Impugned order dated 15.10.2015 passed by the second respondent set aside insofar as it concerns the petitioner.
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.(MD)No.3919 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.(MD)No.3919 of 2018 and W.M.P.(MD)Nos.4072 and 4073 of 2018
P.Ramuthai
... Petitioner
versus
Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of the 2nd respondent in K:/K:/M2-4795-2015 dated 15.10.2015 with relating to the petitioner's property in Re-Survey No.30/62 of Alamarathupatti Village,
W.P.(MD)No.3919 of 2018
Naranapuram, Sivakasi Taluk, Virudhunagr District alone and to quash the same and consequently, direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner's property in Re-Survey No.30/62 of Alamarathupatti Village, Naranapuram, Sivakasi Taluk, Virudhunagar District.
For Petitioner : Mr.M.R.Sreenivasan
For Respondents : M/s.Farjana Ghoushia, Special Government Pleader
ORDER
This writ petition is filed challenging the order of the 2nd respondent dated 15.10.2015, cancelling the order of assignment dated
27.09.1983 issued in favour of one Panchavarnam.
an extent of 10 cents, situated at Alamarathupatti Village, Naranapuram, Sivakasi Taluk, Virudhunagar District, was assigned to one Panchavarnam, by proceedings dated 27.09.1983, under a Scheme
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so as to encourage family planning scheme among the villagers. The said land was sub-divided as Re-Survey No.30/62 and patta was also granted in favour of the said Panchavarnam in patta No.929. In the year 2011, the said Panchavarnam had sold this land to the petitioner vide registered document dated 30.12.2011. While so, the order of assignment dated 27.09.1983, was cancelled by the second respondent/Revenue Divisional Officer, Sivakasi, by order dated 15.10.2015, that the assignee has not constructed a house within a period of six months from the date of assignment. Challenging the same, the present writ petition has been filed.
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the petitioner. He further submitted that the impugned order has been passed without issuing any notice to the petitioner.
Pleader appearing for the respondents submitted that there is a condition in the Revenue Standing Orders. However, she fairly submits that such condition has not been prescribed in the order of assignment dated 27.09.1983.
the materials available on record.
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22.01.2024
ogy NCC : Yes / No. Index : Yes / No. Internet : Yes / No. To
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B.PUGALENDHI, J.
ogy
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2 issues framed by the court
Whether the impugned order cancelling the assignment of land is liable to be set aside for lack of conditions and violation of natural justice principles.
Whether a bona fide purchaser is entitled to protection against cancellation of land assignment orders passed without hearing.
1 provisions across 1 enactments
P.Ramuthai
The District Collector, Virudhunagar District, Virudhunagar
The Revenue Divisional Officer, Sivakasi, Virudhunagar District
The Tahsildar, Sivakasi, Virudhunagar District
B.PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
