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1991 Supreme(Mad) 47

A.S.ANAND, RAJU
K. Palaniappan alias K. Subramanian – Appellant
Versus
The Government of Tamil Nadu represented by its Commissioner and Secretary, Revenue Department and others – Respondent


Appearing Advocates:K.Doraisamy, Senior Counsel, for N.Chinnu, for Appellant. V.Sridevan, Government Pleader, for Respondents.

Judgment :-

Anand, C.J.:

This writ appeal is directed against the judgment of a learned single dismissing W.P.No.2928 of 1981 vide judgment dated 143.1988.

2. The facts are short and not in dispute. An area measuring 3.39 acres in Survey No.249 Karahathahalli village, Palacode Taluk, Dharmapuri District, which was Government land, assigned to one Akkumaran by the Government vide order of assignment dated 31.12.1955. The assignment was subject to certain conditions which have been enumerated in Special Form D of Board Standing Order 15, para 9. The assignment of the land was made out land which was reserved for Harijans to Akkumaran who was an Adi Dravida. The land sold by the assignee, Akkumaran, in favour of one Muthu vide sale deed dated 26.11.1979. Muthu also like the assignee was also a Harijan. Subsequently on 4.6.1977 the appellant purchased the land from Muthu.

3. On account of the violation of the terms of the assignment, a show cause notice issued by the third respondent on 31.10.1980 calling upon Muthu as well as the appellant show cause as to why the original assignment made in favour of Akkumaran on 31.12.1955 be not cancelled as the alienation had been made in violatio





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