The assignment of surplus lands under the Tamil Nadu Land Reforms Act was found to be valid and in compliance with legal formalities, providing support to beneficiaries for their livelihood.

The petitioner has submitted that the third respondent passed an order dated 28.06.2010 vide M.R.4/Aa1/48/17-70, Maduranthakam and wherein it has been stated that an extent of 28.99 acres of land situated at Peruvel Madura Saravambakkam Village, Maduranthakam Taluk, Kancheepuram District from the holdings of one Konda Reddy was declared as surplus. The surplus lands were entered in the Form-A Register and then it was stated therein that already an extent of 27.49 acre was assigned. Further, for the remaining land to an extent of 1.50 acres, a public notice in Form No.B inviting applications for assignment was issued and in pursuance thereof as many as 127 persons applied for assignment in Form No.C. The Authorized Officer caused public notice in Form No.D on 15.03.2010. The Authorized Officer conducted an enquiry on 06.04.2010 in which 26 persons did not attend and for the remaining 101 persons enquiry was conducted and as per the enquiry findings only 15 persons as mentioned in the list in Annexure II were declared as qualified for assignment and 71 persons as mentioned in the list of Annexure I were declared as unqualified and 15 persons though qualified were not assigned any land for want of surplus land.

2. The petitioner has submitted that on 27.10.1980, the then Special Tahsildar, Kancheepuram passed an order, wherein the above said remaining land of 1.50 acres were not assigned to anyone for the reasons that the said land was liable to submersion in the Saravambakkam Village lake and assignment of the same would be detrimental to the lake and the assignees could not cultivate the same if assigned. Since the year 1980, the said lands were kept for the purpose of lake water storage and irrigation for the adjoining agricultural lands and the village people are using the water on the said land for irrigation purposes for the past 30 years. The petitioner has further submitted that till date, the patta for the said remaining land of 1.50 acre in Survey No.157/2 stands in the name of the original owner Konda Reddy.

3. The petitioner has further submitted that while so, the third respondent without any valid reasons and without supporting Government Orders arbitrarily and without applying mind passed the above said impugned order and even in the said assignment there are lots of lapses and the enquiry was not properly conducted and no reasonable opportunity was given to the applicants. The petitioner has further submitted that the above said order of assignment of surplus lands is liable to be cancelled as it was made under a mistake of fact and also based on the mis-representation or fraud played by some applicants and further there was an irregularity in the procedure. Hence, the petitioner has filed the above writ petition.

4. The learned counsel appearing for the petitioner has submitted that the third respondent had passed an order in his proceedings, dated 28.06.2010, and declared the lands to an extent of 28.99 Acres, situated at Peruvel Madura Saravambakkam Village, from the holding of one Konda Reddy as surplus lands. Out of the said surplus lands, an extent of 27.49 Acres of land was already assigned to various individuals. Subsequently, for the remaining land to an extent of 01.50 Acres, a public notice in Form No. B, inviting applications for assignment, was issued and in pursuance thereof, about 127 persons applied for assignment in Form No.C. The authorised officer had conducted an enquiry, in which 26 persons did not attend the enquiry and the rest of them participated in the said enquiry. After enquiry, 15 persons were declared as unqualified for assignment and the other 71 persons were declared as unqualified. The 15 qualified persons have not been assigned any land for want of surplus lands. Under the circumstances, the Special Tahsildar, Kancheepuram, had passed an order, wherein the above said remaining land, to an extent of 01.50 Acres, was not assigned to anyone for the reason that the said land was l