Government authorities cannot invalidate an assigned land title after significant delay, especially when the authorities had knowledge of the assignment and failed to initiate timely proceedings for cancellation, invoked under principles of laches and estoppel.

ORDER :

M. DHANDAPANI, J.

This Writ Petition has been filed challenging the order of the 4th respondent dated 01.02.2018 and to quash the same.

2. The case of the petitioner is that the lands in question are patta lands and said lands were assigned in favour of the petitioner’s vendor viz., Amudha on 01.06.2004 and thereafter the said Amudha sold the property in favour of the petitioner vide sale deed dated 10.06.2014. Thereafter, the petitioner is possession and enjoyment of the same. The petitioner made an application before the 4^th respondent seeking permission for removal of the Eucalyptus trees in the said land. However, the same was rejected vide impugned order dated 01.02.2018 on the ground that the trees have been nurtured by the forest Department and the patta in connection with the said lands had been issued wrongly. Challenging the said order, the present writ petition has been filed.

3. The learned counsel for the petitioner would submit that the lands in question are patta lands and the forest department has no role or say in the matter as the said lands are enjoyed by the petitioner right from the date of his acquirement and prior to that the said lands have been in possession and enjoyment of the erstwhile vendor. The learned counsel for the petitioner on instructions would submit that the petitioner is ready to handover the trees to the forest department and the title of the said lands in favour of the petitioner shall not be disturbed.

4. The learned Government counsel by reiterating the averments made in the counter affidavit would submit that in the DC forest lands in Govindacherry Kuppam and Govindacherry Villages, Wallajah Taluk is about an extent of 180 Hectares, Achan Red Sander, Tamarind and Eucalyptus Sapling had been planted from 1963 to 1967 by the forest department and maintained by the department when the usufructs of Tamarind trees and other trees were sold in auction during 1985-1986, a sum of Rs.79,968/- was fetched as revenue to Government and in the year 1986-1987, a sum of Rs.59,135/- was derived out of his sum equivalent to 60% thereof was given to Govindacherry Village Panchayat. All these plants were raised during 1963,1965,1966 and 1967 years. As per Government Order No.426, F & F Department dated 25.04.1977 poromboke or other Government waste lands in which the Forest Department has raised Forest Plantations should not be transferred by the Collector or other authorities without the concurrence of the Chief Conservator of Forests in future but no details are available in the office of these respondents.

4.1. Further he would submit that since the year 1966, Eucalyptus plants were raised in turn thrice in this area, in order to prevent encroachment of poromboke by strangers and third parties and Eucalyptus plants were planted during 1996-1997 also in about 30 Hectares and the Forest Department has been maintaining this till date. He further submitted that during 1996-97 the then Tahsildar, Wallajah, issued patta in favour of one Tmt.R.Amudha W/o/.C.Ravi on 01.06.2004 for an extent of 2.52 acres coming within S.No.4/1 Govindacherry Village without the knowledge and consent of the Forest Department who had raised plantations in this area. Tmt.Amudha had sold the said extent of 2.052 Acres in S.No.4/1, Govindacherry Village to the the petitioner without the knowledge of the Forest Department (vide Sale Deed dated 10.06.2014). He further contended that till date the Eucalyptus trees planted in 1996-97 are being maintained by the forest department and in order to prevent encroachment, the trees have not been cut and removed for sale. He furt