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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mr Justice P.B. Balaji, J
Ammaiappan – Appellant
Versus
Revenue Divisional Officer, Dindigul District, Dindigul. – Respondent
ORDER :
The petitioner has filed the present writ petition seeking to quash the order of the first respondent in Na.Ka.No.6614/2024/A4 dated 19.11.2024.
2. I have heard Mr.M.Jerin Mathew, learned counsel for the petitioner, Mr.C.Satheesh, learned Government Advocate for the first respondent, Mr.G.Prabu Rajadurai, learned counsel for the second respondent and Mr.G.Thalaimutharasu, learned counsel for the third respondent.
3. The learned counsel for the petitioner would contend that the petitioner has purchased the lands in survey Nos.263/B, 263/D and 263/C and the above lands were assigned by the assignment proceedings dated 23.02.2001 and patta Nos.684, 685 and 686 were also issued to the petitioner. However, the case of the petitioner is that the first respondent has proceeded to cancel the assignment in favour of three vendors from whom the petitioner has purchased the property.
4. The learned counsel for the petitioner would submit that after purchase of the property on 25.08.2014, the petitioner has taken over possession and has been in absolute possession and enjoyment, without any interference by any third parties and that the petitioner had been doing cultivation in the said lan
The Tahsildar lacked jurisdiction to assign valuable lands, rendering such assignments null and void, and the petitioner was afforded due process in the administrative proceedings.
The cancellation of land assignments after 21 years was deemed illegal as the conditions of assignment conferred absolute rights post 10 years, and the reasons for cancellation were not substantiated....
Point of law: Petitioners cannot be deprived of their right to property when the assignment had been given by the authority with their eyes wide open. After allowing the petitioners to enjoy the land....
Authorities cannot cancel land assignments if they have previously accepted alienations and effected mutations in the revenue records.
Authorities must exercise cancellation powers within a reasonable time, especially when no fraud is present and ownership has significantly changed over time.
An un-communicated order is a nullity in law, and an illegal order cannot be permitted to deprive a person's valid title.
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