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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.B. Balaji, J
M. Micheal Snow Jerin – Appellant
Versus
District Revenue Officer, Thoothukudi – Respondent
ORDER :
1. The writ petitioner challenges the order of the second respondent in NE.Mu.A2/7975/2021 dated 03.12.2021 and consequent proceedings of the first respondent dated 12.07.2022 and consequently seeks restoration of patta in favour of the petitioner.
2. I have heard Mr.R.Murali, learned counsel for the petitioner, M.Lingadurai, learned Special Government Pleader, for the respondents 1 to 3 and Mr.S.Palanivelayutham, learned counsel for the respondents 4 and 5. I have also gone through the records.
3. The case of the writ petitioner is that larger extent of lands comprised in survey No.213 were classified as Government Punja Tharisu lands. The Government formulated a scheme to assign lands to landless persons and survey No.213 was subdivided and pattas were granted to eligible persons. It is the further case of the petitioner that an extent of 0.35.5 Ares, in survey No.213/16 was granted in favour of one Mareeswari, W/o Selvaraj, vide proceedings dated 02.05.2007 and similarly in respect of another extent of 0.35.5 Ares in survey No.213/7, patta was granted in favour of one Thangaraj, S/o. Sakkari Nadar, vide proceedings of even date. The said assignees have alienated the propert
Authorities cannot cancel land assignments if they have previously accepted alienations and effected mutations in the revenue records.
Revenue authorities lack jurisdiction to adjudicate title disputes and must refer such matters to civil courts.
Jurisdictional review mandates consideration of existing records and due process in decisions affecting land ownership, emphasizing established possession over mere administrative reports.
A lawful land assignment cannot be canceled without due process, including notice, as unsupported allegations cannot validate actions contrary to established rights.
The court held that reclassification of lands negates claims of violation of alienation conditions, and allegations of forgery cannot be adjudicated under Article 226.
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