Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mr.Justice P.B.Balaji, J
A.Palanichamy – Appellant
Versus
Revenue Divisional Officer, Palani Taluk, Dindigul District – Respondent
ORDER :
P.B. Balaji, J.
The issue in all these writ petitions being one and the same, with the consent of the learned Counsel appearing in all these matters, Writ Petitions have been heard together and being disposed of by a common order.
2.I have heard Mr.Babu Rajendran, learned Counsel for the petitioner in W.P.(MD)Nos.2065, 4407 & 4471 of 2023 and Mrs.Jasima Yasmin, for M/s.Ajmal Associates, learned Counsel petitioner in W.P.(MD)No.18345 of 2024, Mr.Veera Kathiravan, learned Additional Advocate General for the official respondents in all these Writ Petitions.
3.The common issue in all these Writ Petitions is touching the power of the State to cancel assignments, alleging violation of conditions of assignments.
4.In W.P.(MD)No.2065 of 2023, the case of the petitioner is that the property comprised in S.No.4/5 to an extent of 2.02.50 hectares was assigned to one Palaniappan Mathari, under Barren Land Improvement / Waste Land Improvement Scheme, prior to the year 1967. The said assignee Palaniappan Mathari, also availed a loan on 01.08.1967, for construction of a well. The Government sanctioned the said loan in terms of the Land Improvement Loan Act, 1883. It is the further case of the
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 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....
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.
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 indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
