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2021 Supreme(Mad) 1492

IN THE HIGH COURT OF MADRAS (MADURAI BENCH)
R. SUBRAMANIAN, J.
R. Shanmugam - Appellant
Versus
A. Annadurai and Ors. - Respondents
Contempt Petition (MD) No. 2211 of 2017 and Sub. A. (MD) No. 247 of 2017
Decided On : 16-04-2021

Advocates Appeared:
For the Appellant : Niranjan S. Kumar.
For the Respondents: V.R. Shanmuganathan, Special Government Pleader.

Headnote:

Constitution of India,1950 - Articles 215, 225 and 226 - Code of Civil Procedure,1908 - Section 80 and 151 - Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 - Order of assignment as per the proceedings - Seeking a Writ of Mandamus forbearing - Resolution to develop the land through the Slum Clearance Board - notice - Respondents particularly the Pattukottai Municipality attempted to put up construction in the said land, he had sent in his objections stating that land has been assigned with him and therefore no construction could be put up by the fifth respondent - It was claimed that a resolution was passed by the Municipality to hand over the land that was assigned to the petitioner in old along with other lands to the Tamil Nadu Slum Clearance Board, viz. the fourth respondent in the Writ Petition for being developed by the fourth respondent - petitioner issued a notice under Section 80 of the Code of Civil Procedure - Fourth respondent viz. Tamil Nadu Slum Clearance Board sent a reply stating that since land has been classified as Government dry land and the Municipality had passed a resolution to develop land through the Slum Clearance Board – Held, Land was assigned to petitioner in the year and action for cancellation was initiated after 43 years in the year that too after the petitioner has approached this Court seeking correction of an error in Town Survey Records. Originally before the Writ Court, the Authorities had conceded that the land was assigned to the petitioner and they also conceded that they are not making any development work in land assigned to the petitioner situate pursuant to the liberty granted a notice was sought to be issued without specifying the purpose for which it was issued, a statement was extracted from petitioner and the order of assignment is sought to be cancelled - Assignee after expiry of 20 years dehors payment of the land value. I am therefore convinced that order cancelling the assignment in favour of the petitioner is wholly illegal and cannot be allowed to stand - Hence in exercise of my suo motu powers under Article 226 of the Constitution of India - second respondent had tendered his apology and fact that the second respondent has also been transferred out of post, I desist from imposing any punishment on him though I find him guilty of having disobeyed orders of this Court, since element of willfulness is absent - Petition is disposed of

ORDER :

R. Subramanian, J.

1. The petitioner seeks to punish the respondents for having willfully disobeyed of the orders of this Court dated 16.03.2017 made in WP (MD) No. 6398 of 2013.

2. The said Writ Petition was filed seeking a Writ of Mandamus forbearing the respondents 1 to 3 from transferring or assigning the land measuring an extent of 1.90 acres in S. No. 42/5B of Nadiambalpuram Village, Pattukottai Taluk, Thanjavur District corresponding to 7650 square metres of land in TS No. 24/10, Pattukottai Municipality and directing the respondents 1 to 3 to restore the land in the holding of the petitioner in terms of the order of assignment as per the proceedings of the Authorised Officer, Mannargudi Taluk, vide ref. M.R.IV. 534/PTR/A1 dated 10.12.1975.

3. The claim of the petitioner was that the land in question was declared as surplus under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 and was assigned to him under the Tamil Nadu Land Reforms (Disposal of Surplus Lands) Rules, 1965. The said order of assignment was passed on 10.12.1975. According to the petitioner, he had paid the land value payable as per the Rules.

4. When the respondents particularly the Pattukottai Municipality attempted to put up construction in the said land, he had sent in his objections stating that the land has been assigned with him and therefore no construction could be put up by the fifth respondent. It was claimed that a resolution was passed by the Municipality to hand over the land that was assigned to the petitioner in old Survey No. 42/5B bearing new TS No. 24/10 along with other lands to the Tamil Nadu Slum Clearance Board, viz. the fourth respondent in the Writ Petition for being developed by the fourth respondent.

5. The petitioner issued a notice under Section 80 of the Code of Civil Procedure on 19.12.2012. The fourth respondent viz. the Tamil Nadu Slum Clearance Board sent a reply stating that since the land has been classified as Government dry land and the Municipality had passed a resolution to develop the land through the Slum Clearance Board, the Slum Clearance Board is at liberty to develop the land. Upon the receipt of the said reply the petitioner had approached this Court seeking a Writ of Mandamus as stated above.

6. The Writ Petition was disposed of by me on 16.03.2017 recording the fact that the land in T.S. No. 24/10 has not been taken up for development by the Tamil Nadu Slum Clearance Board and also the fact that the resolution of the Municipality is only for development of land in T.S. No. 24/6, 7, 8 and 9 and not the land in T.S. No. 24/10. In view of the above statement, I had directed the Authorities to correct the mistake that had crept in the Town Survey Register and incorporate the name of the petitioner as the owner of the land in T.S. No. 24/10. When the Writ Petition was disposed of as above, a representation was made by the learned Government Pleader to the effect that the Government should be at liberty to cancel the assignment if the petitioner has not paid the entire land value. Recording the said submission of the learned Government Pleader, I had observed as follows:

    "It is open to the Government to take appropriate action in the event it is found that the petitioner has not paid the entire amount payable by him towards the assignment cost for the land."

7. This Contempt Petition was filed on 09.11.2017, since the direction issued to correct the Town Survey Register was not carried out within a period of four weeks as directed by the order dated 16.03.2017. When the Contempt Petition was first listed for hearing on 25.01.2018, it appears that a representation was made before this Court that despite several notices issued the petitioner did not appear for enquiry and therefore, the respondents are unable to pass orders. Recording the said statement of the learned Government Pleader, this Court had directed the Revenue Divisional Officer/second respondent to conduct an enquiry on 12.02.2018 a

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