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2015 Supreme(Mad) 667

SATISH K.AGNIHOTRI, M.VENUGOPAL
Joint Commissioner (Land Reforms), Collectorate Complex – Appellant
Versus
A. Karpagam – Respondent


Advocates Appeared:
For the Appellants: N. Sakthivel, GA.
For the Respondent:M. Narendran for M/s. King & Partridge, Advocates.

JUDGMENT

SATISH K. AGNIHOTRI, J.

1. The instant intra-court appeal arises from the order dated 28.8.2014 passed in W.P. No. 31502 of 2012. The respondent herein, who was the writ petitioner, questioned the legality and validity of the order dated 15.12.2009 passed by the first appellant, whereby the land, bearing S.No.192/5 admeasuring 1 Acre in Kilambakkam village, Chengalpattu Taluk, Kanchipuram District assigned on 27.5.1998 to the writ petitioner, was cancelled on the ground that the land was required for public purpose as indicated in the show cause notice dated 6.8.2009.

2. The learned Single Judge, having considered all aspects of the matter, came to the conclusion that the land was assigned way back on 27.5.1998. Without making allotment of the said land, the said assignment has been cancelled on vague ground of requirement for public purposes without there being any mention of the specific purpose and for which the land in question was required. It was further observed that the grounds assigned in the cancellation order was improved in the counter affidavit. In the counter affidavit, it was stated that the land assigned to the petitioner was abutting the National Highways of











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