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S. M. SUBRAMANIAM
Selvi – Appellant
Versus
District Collector, District Collectorate, Kallakurichi and District – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records pertaining to the impugned 22.12.2021 in Ref.No.Na.Ka.A2/1847/2012 issued by the third respondent and follow-up proceedings and consequently quash the same.)
The order dated 22.12.2021 passed by the third respondent-Revenue Divisional Officer, Kallakurichi, is under challenge in the present writ petition.
2. It is not in dispute between the parties that the subject lands were assigned in favour of the petitioners and there is a dispute even in respect of the assignment. 3. The petitioners submitted an application for grant of patta based on the decree passed by the Civil Court granting an injunction not to dispossess the writ petitioners form the assigned property. The petitioners were granted patta based on the assignment made by the Government.
4. The relief as such sought for by the petitioners in the civil suit not to cancel the patta was rejected and thereafter, the Revenue Divisional Officer passed an order in proceedings dated 23.08.2021 asking the Tahsildar, Chinnasalem to file an appropriate appeal against the decree of injunct
Competent Authorities empowered to cancel assignment of Government lands if conditions are violated.
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 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....
A lawful land assignment cannot be canceled without due process, including notice, as unsupported allegations cannot validate actions contrary to established rights.
Authorities cannot cancel land assignments if they have previously accepted alienations and effected mutations in the revenue records.
The court emphasized the necessity of adhering to due process before any adverse administrative action can be taken against assignees of land who have allegedly violated assignment conditions.
State revenue authorities are legally obligated to consider representations regarding the violation of conditions attached to land assignments (DKT Patta) and to initiate appropriate remedial action ....
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