The District Collector Vs S. Amutha — Madras HC (2025) — LawSathi Research

The District Collector Vs S. Amutha — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ order dated 27.06.2024 passed in W.P.No.12021 of 2024 set aside; Writ Appeal allowed; no costs; connected Miscellaneous Petition (CMP No. 27966 of 2025) closed.

Issue for consideration

Whether the writ order dated 27.06.2024 passed in W.P.No.12021 of 2024 sustaining the assignment in favour of the respondent could stand when the assignment conditions had been violated and the Government land had already been resumed and reassigned to other eligible persons. +1 more

Court's answer

The assignment granted in the name of the respondent was cancelled and the land was reassigned in favour of other eligible persons by the Special Tahsildar, Namakkal.

Ratio / Principle

The instructions and photographs established that the respondent is not residing in the assigned land; field inspection found she resides in another place in her own building.

Key takeaways

During inspection the authorities found that the respondent is not a landless poor person and is residing elsewhere.ratio¶41
The allotted lands were not utilised for residential purpose; only a small thatched hut was constructed to show that the assignment conditions had been complied with.ratio¶43
Government lands allotted free of cost cannot be utilised for any purpose other than the purpose for which they were allotted under the Revenue Standing Orders.

Detailed headnote1 paragraphs

Conditional free assignment of Government land - violation of assignment conditions - resumption and reassignment: The Division Bench (S.M. Subramaniam and Mohammed Shaffiq JJ., judgment by S.M. Subramaniam J.), by Writ Appeal WA No. 3423 of 2025 under Clause 15 of Letters Patent decided on 11-11-2025, set aside the Writ Court's order dated 27.06.2024 in W.P.No.12021 of 2024 that had sustained a conditional assignment patta issued in 2000 in favour of S.Amutha. The authorities' field inspection found the respondent was not a landless poor person, resided in her own building elsewhere, and had erected only a small thatched hut on the assigned land to feign compliance with the assignment conditions; the assignment had already been cancelled and the land resumed and reassigned to other eligible persons by the Special Tahsildar, Namakkal. Observing that Government lands allotted free of cost cannot be used for any purpose other than that for which allotted under the Revenue Standing Orders, the Court held the writ order unsustainable and allowed the Writ Appeal with no costs, closing the connected miscellaneous petition.

2025:MHC:2738

WA No. 3423 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-11-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

WA No. 3423 of 2025 and

CMP No. 27966 of 2025

1.The District Collector Namakkal, Namakkal District.

2.The District Backward Class and Minority Welfare Officer District Backward Class and Minority Welfare Office, Namakkal, Namakkal District.

3.The Revenue Divisional Officer Office of the Revenue Divisional Officer, Namakkal, Namakkal District.

4.The Special Tashildar (ADW) Office of the Special Tashildar, Namakkal, Namakkl District.

Appellant(s)

Vs

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Respondent(s)

S.Amutha

PRAYER

Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 27.06.2024 made in W.P.No.12021 of 2024 and thus render justice.

For Appellant(s): Mr. T.Arun Kumar

Additional Government Pleader

For Respondent(s): Dr.R.Gouri

J U D G M E N T

(Judgment was delivered by S.M.Subramaniam J.)

The assignment patta was issued to the respondent/2nd writ petitioner in

the year 2000. It is the conditional assignment made and lands are allotted at

free of cost, for construction of house for residential purpose. The Government

lands allotted at free of cost, cannot be utilised for any other purpose other

than the purpose for which it was allotted under the Revenue Standing

Orders. The conditional assignment states that residential houses must be

constructed within a period of six months from the date of allotment, with

setback areas as stated in the assignment order. In the event of violation of

any of the assignment conditions, the order of assignment will be cancelled

and the Government land will be resumed. Accepting the said condition, the

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respondent secured assignment of Government land at free of cost.

The competent authorities during inspection found that the respondent/2nd writ petitioner is not a landless poor person and she is residing

in some other place. The lands allotted have not been utilised for residential

purpose and a small thatched hut was constructed by the respondents/writ petitioners, in order to show that the assignment conditions have been complied with.

In this regard, the learned Additional Government Pleader appearing

on behalf of the appellants would submit a copy of the written instructions

given by the District Backward Classes and Most Backward Classes Welfare Officer to the Government Pleader, dated 07.11.2025. Along with the instructions, photographs also enclosed. The District Backward Classes Welfare Officer would submit that the respondents/writ petitioners are not

residing in the land assigned to them and they are residing in their own

houses in another place and the photograph of the said house also would show that it is a pucca concrete building, constructed in ground floor and first

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WA No. 3423 of 2025

floor.

The learned counsel for the respondent/2nd writ petitioner would

oppose by stating that the conditions stipulated in the assignments have been

complied with. That apart, on the date of assignment, the respondent was

considered as landless poor persons and therefore, the assignment is

sustained by the Writ Court.

This Court is of the considered view that the assignment granted in

the name of the respondent was cancelled and it was reassigned in favour of some other eligible persons by the Special Tahsildar, Namakkal. The instructions as well as photographs furnished by the learned Additional Government Pleader would show that the respondent is not residing in the assigned land and the authorities while conducting field inspection found that

the respondent is residing in another place in their own building. Since the

assignment conditions have been violated and the Government lands are

already resumed and reassigned to other eligible persons, the writ order impugned cannot be sustained. Consequently, the writ order dated

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27.06.2024 passed in W.P.No.12021 of 2024, is set aside and the Writ Appeal

stands allowed. No costs. Connected Miscellaneous Petition is closed.

(S.M.SUBRAMANIAM J.)(MOHAMMED SHAFFIQ J.) 11-11-2025

Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

Jeni

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S.M.SUBRAMANIAM J. AND MOHAMMED SHAFFIQ J.

Jeni

WA No. 3423 of 2025

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WA No. 3423 of 2025

11-11-2025

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