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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr.Justice P.B.Balaji, J
S.G. Mary Gennie – Appellant
Versus
District Collector, Nagercoil – Respondent
ORDER :
1. The petitioner seeks issuance of a Writ of Certiorarified Mandamus, calling for the records of the fourth respondent and quash the proceedings in Na.Ka.A2/2557/2016 dated 26.10.2016 and to consequently direct the respondents to assign lands in S.Nos. 607/3 and 606/1 in Kallamcode Village, Vilavancode Taluk, Kanyakumari District.
2. I have heard Mr.Isaac Mohanlal, learned Senior Counsel appearing for M/s.Isaac Chambers, Counsel for the petitioner and Mr.Veera Kathiravan, learned Additional Advocate General assisted by Mr.B.Saravanan, learned Additional Government Pleader appearing for the respondents.
3. The case of the petitioner is that the petitioner owns an extent of 74 cents comprised in S.Nos.606/1, 606/2, 606/3 and 607/3 at Kollamcode Village, Vilavancode Taluk, Kanyakumari District, having purchased the same under registered sale deeds of the years 1964 and 1968. Even according to the petitioner, the said lands are classified as “assessed waste dry lands” and the petitioner has constructed a house and has also planted coconut trees, jack fruit trees and has also dug a well and has been in peaceful possession and enjoyment of the said property, paying taxes to the rev
The court affirmed that compliance with court orders is essential for land assignment, and government conduct rules cannot retroactively affect property rights established prior to their enactment.
A writ of certiorari cannot be issued to enforce rights under repealed rules; legal rights must be based on current statutory provisions.
A writ of mandamus requires a legal right and statutory duty, and cannot be issued contrary to law.
Competent Authorities empowered to cancel assignment of Government lands if conditions are violated.
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....
Government land designated for public use cannot be assigned for private benefit, affirming jurisdictional integrity in administrative orders.
Ex-servicemen assigned land can freely alienate it after ten years under specific government orders, irrespective of prohibitive conditions in assignment deeds.
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