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2018 Supreme(Mad) 2881

M.VENUGOPAL, R.HEMALATHA
Pon. Saraswathi – Appellant
Versus
District Collector, Namakkal – Respondent


Advocates Appeared:
For the Petitioner:L. Chandrakumar, A. Saravanan, Advocates.
For the Respondents:S.N. Parthasarathy, Government Advocate, R. Marudhachalamurthy, Advocate.

JUDGMENT :

M. VENUGOPAL, J.

1. Heard both sides.

2. Counter of the seventh Respondent is filed.

3. According to the Petitioner, the land admeasuring an extent of 2 cents in Survey No.70/2 and 1 cent in Survey No.70/3 in all measuring an extent of 3 cents of land in Seetharamapalayam Village, Tiruchengode Taluk, Namakkal District was assigned by the State Government to the 8th Respondent. At the time of assignment of land, certain conditions were mentioned in the assignment order itself. In fact, the land assigned was under the category of Landless Persons living below the poverty line.

4. The grievance of the Petitioner is that the land, in question, is to be utilised for dwelling purpose only and if there is any violation in regard to the conditions imposed, the same would result in cancellation of assignment, in question. However, the Eighth Respondent/assignee is leading a sophisticated life living in an independent house and having 5 acres of land and as such, he cannot be termed as a person, living below the poverty line.

5. It is averred in the Writ Petition that the Eighth Respondent had put up a commercial construction in the assigned land and let out the same for commercial go d






















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