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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN
P.Muthusamy – Appellant
Versus
Kavitha – Respondent
JUDGMENT :
M.JOTHIRAMAN, J.
Under assail is the order passed in WP.(MD)No.920 of 2018 dated 01.10.2024.
2.The appellant herein is not a party in the writ proceedings/third party in this writ appeal. Originally, the first respondent/Kavitha has filed a writ petition in WP.(MD)No.920 of 2018 seeking to quash the proceedings dated 10.03.2017 passed by the Sub Collector, Palani.
3.It is the case of the writ petitioner that one P.R.Vengatachala Gounder owned a property to the extent of 17.40 acre punja land situated at S.No.250/1A, Alangiyam Village, Dharapuram Taluk. The aforesaid land had been acquired by the Government of Tamil Nadu under Section 18(1) of Tamilnadu Land Reforms (Fixation of Ceiling on Land) Act 58/61 and notification was effected on 11.12.1985. Thereafter, the said land had been assigned to the father of the writ petitioner, namely Perumal, who had made requested payment and on 17.04.1995, the writ petitioner's father and others had obtained “F” patta in their favour. The writ petitioner and his family members were effectively doing the agricultural work in the aforesaid land. Due to the water scarcity, they could not continue to do the agricultural work in their respect
The authority can cancel land assignments based on misrepresentation or fraud without a time limit, as established under Board Standing Orders 15 (18) (1).
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....
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