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S. S. SUNDAR, S. SRIMATHY
District Collector, Pudukkottai – Appellant
Versus
Gunasundari (Died) – Respondent
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. Agg
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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