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R. VIJAYAKUMAR
K. S. Jarina – Appellant
Versus
Commissioner of Land Administration Ezhilagam, Chennai – Respondent
JUDGMENT
(Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the first respondent in his proceedings in No.G2/26221/06, dated 16.08.2012 and quash the same as illegal and consequently forbear the respondents from in any way dispossessing the petitioner of her land in Survey No.193/2 of Keelayur Village group of villages, Illayankudi Taluk, Sivagangai District.)
1. The present writ petition has been filed challenging an order under which the assignment patta granted in favour of the writ petitioner's father-in-law was cancelled.
2. The petitioner's father-in-law namely Mohamed Abuthahir was granted free assignment for an extent of 5 acres in Survey No.193 on 15.04.1965. The revenue records also got mutated in his name on 20.04.1978. The Deputy Tahsildar had directed the said Mohamed Abuthahir to pay market value of the property which was assigned in his favour. The said payment was remitted by the Mohamed Abuthahir on 26.11.1979 and thereafter, the Revenue Divisional Officer, Sivagangai has confirmed the order of assignment. The revenue patta was granted
The central legal point established in the judgment is that assignment patta granted prior to 1973 cannot be cancelled beyond a period of three years from the date of assignment, and even on the grou....
An un-communicated order is a nullity in law, and an illegal order cannot be permitted to deprive a person's valid title.
The State's power to cancel land assignments must be exercised within a reasonable timeframe, and failure to provide original assignment documentation undermines the validity of such cancellations.
The exercise of suo moto power under Section 166-B of the Act should be within a reasonable period, and the cancellation of assignment pattas after a long lapse of time is contrary to the law.
The cancellation of land assignments after 21 years was deemed illegal as the conditions of assignment conferred absolute rights post 10 years, and the reasons for cancellation were not substantiated....
The assignment of government land to the landless poor must strictly adhere to the assignment rules, including verification of community and obtaining permission from competent authorities for land s....
Violation of principles of natural justice and failure to consider objections raised in the writ petition before passing the impugned order.
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