BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.S. SUNDAR, S. SRIMATHY, JJ.
The District Collector, Pudukkottai – Appellant
Versus
Gunasundari (Died) – Respondent
W.A. (MD) Nos. 1201, 1588 of 2019, C.M.P. (MD) Nos. 10381, 12592 of 2019, 5191, 6785 of 2020
Decided On : 08-07-2022
Tamil Nadu Revenue Summons Act, 1869 - Section 6 - Tamil Nadu Registration Act, 1908 - Sections 17, 89, 90 - Evidence Act - Registration Act - Section 89(7) -Tamil Nadu Patta Pass Book Act - Section 5 - Order of cancellation of assignment - Quash impugned order - Court granted interim stay of further proceedings in pursuant to order in writ petition as well as review application in independent appeals - Held, Court is of view that Revenue Officials granting assignment by any deeds or other document purporting to be or to evidence, any grant or a assignment is required to send a copy of such document to the registering officer who shall file copies in his Book No. 1 - Similarly, when a deed of assignment or a grant is filed in register's book No. 1, cancellation of such assignment also shall be entered in same book - Hence, it is duty of Registrar to make entries regarding assignments or grants - Similarly cancellation or modification of assignment by subsequent orders shall also be forwarded to Registering Officer and same shall be duly entered in same book in Book No. 1 - When any one files an application for encumbrance, entries in Book No. 1, shall also be reflected in encumbrance certificate - Appeals dismissed.
JUDGMENT :
S.S. SUNDAR, J.
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order of this Court dated 18.09.2019 made in Review Petition (MD) No. 76 of 2019 in W.P.(MD)No. 25557 of 2018.
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order of this Court dated 11.03.2019 made in W.P.(MD)No. 25557 of 2018.
1. The first respondent, in both the writ appeals viz., Tmt.Gunasundari, filed a writ petition in W.P.(MD)No. 25557 of 2018 for the issuance of a writ of Certiorarified Mandamus to quash the impugned order of the second respondent dated 12.12.2018 and further to direct the Tahsildar to restore the patta in the name of the petitioner, in respect of the land in Survey Nos. 101/11 and 101/12 situated at Alathur village, Avudaiyar Kovil, Taluk, Pudukottai District. The said writ petition was allowed by the learned Single Judge of this Court, by order dated 11.03.2019. Against which, the appellants filed a review petition in Rev.Apl(MD)No. 76 of 2019. By the time, the writ petitioner died and therefore, the respondents 2 to 5 were impleaded. The review application was also dismissed by the learned Single Judge, by order dated 18.09.2019. Aggrieved by the order in the writ petition, writ appeal in W.A(MD)No. 1588 of 2019 is filed and against the order in the review application, writ appeal in W.A(MD)No. 1201 of 2019 is filed by the appellants, who are the respondents in the writ petition in W.P.(MD)No. 25557 of 2018.
2. While entertaining the writ appeals, this Court granted interim stay of further proceedings in pursuant to the order in the writ petition as well as the review application in the independent appeals. Earlier, when the matter was heard by the Division Bench, lead by then Hon'ble the Acting Chief Justice, nominated the learned counsel Mr.H.Arumugam, as Amicus Curiae, to assist the Court. The Hon'ble Division Bench also considered, the issue whether the cancellation of assignment has to be informed to the Registrar, so that any purchaser may know as to whether the assignment has been cancelled or not. Since the purchaser from the assignee will be in dark about the cancellation of the assignment in the interest of public, the Hon'ble Division Bench wanted assistance from Amicus Curiae to pass appropriate orders.
3. Heard Mr.Veera Kathiravan, learned Additional Advocate General appearing for the appellants, Mr.G.Prabhu Rajadurai, learned counsel appearing for the respondents 2 to 5 and Mr.H.Arumugam, nominated by this Court to assist the Court as Amicus Curiae.
Facts of this case:
4. The first respondent viz., Tmt.Gunasundari, has purchased Nanjai land measuring an extent of 44 cents in S.No. 101/11 and an extent of 15 cents in S.No. 101/12 in Alathur Village, Pudukkottai District by a registered sale deed dated 13.08.1999 from one Villayutham. The writ petitioner, on the basis of the sale deed obtained from him, earlier filed a writ petition in W.P.(MD)No. 2948 of 2017 before this Court and this Court, by order dated 21.02.2017 directed the Tahsildar to consider the representation of the petitioner for mutation of revenue records. However, the District Revenue Officer rejected the request of the writ petitioner on the ground that the land in question was originally assigned in favour of one Villayutham and that the said assignment had already been cancelled by the proceedings of the Revenue Divisional Officer dated 12.08.1987. Further, the District Revenue Officer by the impugned order directed the revenue officials to grant fresh assignment based on merits. Challenging the said order, the first respondent Tmt.Gunasundari filed a writ petition in W.P.(MD)No. 25557 of 2018.
5. Before the writ Court, a counter affidavit was filed by the appellant stating that the assignment in favour of the vendor of the writ petitioner was cancelled in the year 1987. The learned Single Judge posed a question whether the cancellation of assignment was made after following due process. Though it was
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The authority can cancel land assignments based on misrepresentation or fraud without a time limit, as established under Board Standing Orders 15 (18) (1).
The absence of a show cause notice does not invalidate authority action unless prejudice is shown; compliance with assignment conditions for land is crucial.
An un-communicated order is a nullity in law, and an illegal order cannot be permitted to deprive a person's valid title.
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....
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.
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