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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr.Justice N.ANAND VENKATESH, J
Ramehkumar – Appellant
Versus
Commissioner Of Land Administration – Respondent
ORDER :
1. This writ petition has been filed challenging the proceedings of the first respondent dated 04.5.2023.
2. Heard the learned Senior Counsel appearing on behalf of the petitioners and the learned Additional Advocate General appearing for the respondents.
3. The case of the petitioners is as follows :
(i) The properties measuring 62.05.0 hectares of Government lands, which were classified as Sarkar punjai in S.No.262 at Mangulam Group Village, Manamadurai Taluk, Sivagangai District were subdivided into S.Nos.285/1 to 300/4 and the assignment was granted in favour of 67 persons under Standing Order No.15 of the Board of Revenue as per the proceedings of the fifth respondent dated 29.1.1985. Pursuant to that, the property in New S.No.300/4 was assigned in favour one Mrs. Kasthurilalitha, from whom, the first petitioner purchased it vide sale deed dated 12.7.2000 registered as doc.No.1227 of 2000 on the file of the Sub-Registrar, Manamadurai.
(ii) Similarly, the properties in S.Nos.292/2 and 296/4 totally measuring 5 cents were purchased by the first petitioner from the original assignees through the sale deed dated 19.7.2000 registered as doc.No.1229 of 2000 on the file of the sam
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....
The State's power to cancel land assignments must be exercised within a reasonable timeframe, and failure to provide original assignment documentation undermines the validity of such cancellations.
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.
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 must exercise cancellation powers within a reasonable time, especially when no fraud is present and ownership has significantly changed over time.
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