JUDGMENT

(Prayer: Appeal filed under Clause 15 of Letters Patent, as against the order dated 03.08.2022 made in W.P(MD)No.9335 of 2013.)

S. S. Sundar,

1. The above appeal is filed against the order of the learned Single Judge dated 03.08.2022 allowing the writ petition in W.P(MD)No.9335 of 2013 filed by the respondent herein.

2. Brief facts that are necessary for the disposal of the above appeal are as follows:- The respondent is the wife of one M.M.Fazal Mohamed, who is the son of one H.Mohamed Abuthahir. The respondent filed the above writ petition challenging the order of appellant No.1/Commissioner of Land Administration, Chennai, confirming the order of appellant No. 2/District Collector, Sivagangai District, cancelling the patta and assignment in favour of respondent's father-in-law by name, Mohamed Abuthahir.

2.1. An extent of 1.94.5 hectares of land (about 4.80 acres) in Survey No.193/2, Keelayur Village, Ilayangudi Taluk, Sivagangai District, was originally assigned in favour of respondent's father-in-law Mr.Mohamed Abuthahir on 14.05.1965. Pursuant to the said assignment, the name of the respondent's father-in-law was shown in all the revenue records. It appears that in the year 1978, appellant No.3/Tahsildar, Ilayankudi Taluk, initiated proceedings for recovery of market value for the land assigned. Later, the Revenue Divisional Officer, Sivagangai, on the appeal filed by the assignee, confirmed the order of appellant No.3, holding that the assignee should pay market value for the assigned land and therefore, the assignee was required to pay market value fixed at Rs.1,352/- by remitting into the Sub Treasury, Ilayangudi. Thereafter, the assignee namely, Mohamed Abuthahir appears to have remitted a sum of Rs.1,352/- towards value for the land assigned in his favour in respect of the land in Survey No. 193/2, Keelayur Village, Ilayangudi Taluk. From the proceedings of the Revenue Divisional Officer dated 30.06.1980, it is seen that the Revenue Divisional Officer has acknowledged the assignment of land in favour of Mohamed Abuthahir and the receipt of a sum of Rs.1,352/- into the Sub-Treasury, Ilayangudi, vide Challan No.312 dated 26.11.1979.

2.2. It is admitted that respondent's father-in-law namely, Mohamed Abuthahir died intestate on 08.03.1993. It is the case of the respondent that after the demise of the original assignee by name, Mohamed Abuthahir, there was a partition and the subject matter of proceedings namely, an extent of 87.27 cents in Survey No.193/2 in Keelayur Village, was allotted to the respondent's husband. Subsequently, the land allotted to respondent's husband was conveyed in favour of the respondent by a gift deed (hiba) dated 28.08.1997. It is the specific case of the respondent that she is in possession of the land which was gifted in her favour, as absolute owner without any hindrance from any one.

2.3. Later, the respondent came to know about the Gazette publication dated 18.06.1999, whereby, the District Collector appears to have given a general notice calling upon persons whose names were registered in revenue records with reference to Survey No.193 in Keelayur Village, under the pretext that the said lands were to be resumed after cancelling the pattas granted to all the individuals concerned. It is admitted by the respondent that she came to know about such notice through the owner of neighbouring lands. Even though no individual notice was issued to the respondent, she sent her objection to appellant No.2 and it is the case of the respondent that another representation in this regard was also given by her on 04.08.1999. The respondent earlier filed a writ petition in W.P.No. 18685 of 1999 to quash the proceedings relating to the communication by which the land owners were informed about the proposed cancellation of assignment. Since the notice issued by appellant No.2 dated 17.06.1999 is only an intimation to the public and it