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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, K.SURENDER
P.Srinivasan – Appellant
Versus
Additional Chief Secretary Secretary and Commissioner of Land Administration – Respondent
| Table of Content |
|---|
| 1. intra-court appeal basis related to land assignment. (Para 1 , 2 , 3) |
| 2. appellant's argument regarding violation of notice and assignment terms. (Para 4 , 5) |
| 3. court's observations on land use and violation of assignment terms. (Para 6 , 7 , 8) |
| 4. clarification on principles of natural justice regarding show cause notice. (Para 9) |
| 5. final ruling on appeal dismissal based on factual findings. (Para 10 , 11) |
| 6. conclusion and order of dismissal. (Para 12) |
JUDGMENT :
S.M. Subramaniam, J.
The present intra-court appeal under Clause 15 of Letters Patent has been instituted to assail the writ order dated 06.04.2022 passed in WP.No.26866 of 2017.
2. ‘Natham’ house site to an extent of 0.01.0 Ares in Natham survey No.136/1 was allotted in favour of the appellant/writ petitioner vide assignment proceeding, dated 10.11.1994 under Revenue Standing Order.No.21(7)(ii), subject to terms and conditions as contemplated under the Revenue Standing Orders. The main conditions are that the house to an extent of the measurements mentioned in the schedule to the assignment order with roof made up of coconut leaf or tile shall be constructed within six/twelve months from January, 1994. Sever
The absence of a show cause notice does not invalidate authority action unless prejudice is shown; compliance with assignment conditions for land is crucial.
The principles of natural justice, including the right to a fair hearing, must be observed in administrative proceedings under the U.P. Revenue Code, 2006, particularly regarding orders affecting pro....
The impugned orders were violative of principles of natural justice, affecting the civil rights of the petitioner, and were therefore quashed and set aside.
Grounds supplemented or substituted for the grounds in the show-cause notice which were for the first time mentioned in the counter affidavit or in the order cannot be looked into by this Court and s....
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