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S. S. SUNDAR, D. BHARATHA CHAKRAVARTHY
Commissioner of Land Administration, Ehilagam, Chennai – Appellant
Versus
K. S. Jarina – Respondent
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
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.
The authority can cancel land assignments based on misrepresentation or fraud without a time limit, as established under Board Standing Orders 15 (18) (1).
An un-communicated order is a nullity in law, and an illegal order cannot be permitted to deprive a person's valid title.
The main legal point established in the judgment is that authorities must establish that land is assigned with a condition prohibiting alienation before initiating proceedings under the A.P. Assigned....
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