IN THE HIGH COURT OF MADRAS
S.S. Sundar, J.
K. Siva Shanmugam and Ors. – Appellants
Versus
The District Collector of Tiruvannamalai, Collector Office and Ors. – Respondents
W.P. No. 10456 of 2018, W.M.P. Nos. 12406 and 31018 of 2018
Decided On : 25-03-2021
Civil Law - Cancellation of assignment patta - Possession - Petitioner states that land is a grama natham and that petitioner has been in continuous possession and enjoyment of the property for an extent of 2 cents. It is also stated that petitioner had put up a thatched hut and residing there along with his family members from year 1956 - Held, When property is classified as Grama Natham and the petitioner given assignment and patta treated as a grant from Government, patta for residential property in respect of land classified as grama natham must be in recognition of person's enjoyment. If assignment patta granted in favour of petitioner is not a grant but just an acknowledgement of petitioner's independent right then the impugned order cancelling assignment patta for violation of conditions, cannot be sustained. As indicated by this Court in several judgments, cancellation of assignment patta beyond the period of 3 years, in cases, where the original assignment was given prior to 1973 is also illegal. Therefore Court view that impugned order passed by the second respondent, confirming the order of the third respondent is illegal, arbitrarily and unconstitutional and the same is liable to be set aside - Writ Petition is allowed
ORDER :
S.S. Sundar, J.
1. Today, the matter is listed through Video Conferencing. By consent of both the parties, the Writ Petition is taken up for final disposal.
2. This Writ Petition has been filed to quash the order passed by the second respondent in Se. Mu. No. AA4/15084/2017 dated 10.04.2018, cancelling the petitioner's assignment patta for the property situated at Old Survey No. 195/1A/1A/1 and new Survey No. 259/1 and also to direct the respondents to hand over the patta land to the petitioner.
3. Heard Ms. S. Suseela Devi, learned counsel for the petitioners and Ms. A. Madhumathi, learned Special Government Pleader appearing on behalf of the respondents.
4. The brief facts as seen from the affidavit filed in support of the petition are as follows:-
(b) It is the specific case of the petitioner that he was given assignment for an extent of 2 cents in Survey No. 195/1A/1A in his name and the home site assigned to the petitioner was sub divided as Survey No. 195/1A/1A/1. The petitioner states that he had put up construction in that land and is in continuous possession and enjoyment of the land as pattadhar from 1968 without any interruption and that he was also paying house tax regularly.
(c) The petitioner submitted that he received summons dated 14.12.2017 from the third respondent, calling upon the petitioner to appear before him on 21.02.2017 for an enquiry relating to the cancellation of patta which was already issued to the petitioner. The petitioner appeared in person on 21.02.2017. However, on 15.05.2017, without prior intimation or notice to the petitioner, the third respondent with the assistance of the Highways Department arbitrarily demolished the construction put up by the petitioner in the patta land and thrown out the movables from the property. It was stated that thereafter on 16.05.2017, the petitioner received the order dated 30.03.2017 signed by the third respondent. Against the proceedings of the third respondent dated 30.03.2017, the petitioner preferred a further appeal before the second respondent/ the District Revenue officer, Tiruvannamalai, who had also dismissed the same by the impugned order dated 10.04.2018. In the meanwhile, the petitioner also approached this Court by filing a Writ Petition in W.P. No. 2954 of 2018, seeking a direction to the second respondent to consider the appeal preferred by the petitioner as against the order of the third respondent and to direct the respondents not to put up any super structure till the disposal of the appeal by the second respondent. The said Writ Petition was allowed by this Court by order dated 12.02.2018, by issuing a direction to the second respondent to dispose of the appeal within a period of eight weeks and by directing the third respondent to maintain status quo. Thereafter, the petitioner attended the enquiry and the second respondent by impugned order dated 10.04.2018, confirmed the order passed by the third respondent.
5. Aggrieved by the impugned order dated 10.04.2018 passed by the second respondent, this Writ Petition is filed as stated supra.
6. The learned counsel for the petitioner submitted that cancellation of assignment patta was without assigning any reason and that the order of the third respondent and the second respondent are liable to be quashed for the simple reason that the petitioner was never put on notice or a show cause notice as to how and why his patta should be cancelled. Admittedly, there was an assignment in 1968 and the petitioner is in possession and enjoyment of the subject land for more than six decades. The learned counsel further stated that the impugned order without considering the
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