IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.07.2024 CORAM :

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.19043 of 2018 and W.M.P.No.22434 of 2018 Manimegalai ...

Petitioner Vs.

1.The District Revenue Officer, Perambalur District, Perambalur.

2.The Revenue Divisional Officer, Perambalur Division, Perambalur.

3.The Tahsildar, Alathur Taluk, Peramabalur District. … Respondents Prayer: Writ Petition has been filed under Article 226 of Constitution of India to issue a Writ of Certiorari calling for records pertaining to the orders of the first respondent in Na.Ka.Aa1/14247/2010 dated 15.06.2018 relating to cancellation of assignment in respect of the land in SF.No.299/4 measuring an extent of 0.41.5 Hectares at Kottarai Village, Alathur Taluk, Perambalur District and quash the same.

For Petitioner : Mr.S.Kamadevan For Respondents 1 to 3 : M/s.R.L.Kathika, Government Advocate

O R D E R

This writ petition has been filed by the petitioner to call for the records pertaining to the orders of the first respondent in Na.Ka.Aa1/14247/2010 dated 15.06.2018 relating to cancellation of assignment in respect of the land in SF.No.299/4 measuring an extent of 0.41.5 Hectares at Kottarai Village, Alathur Taluk, Perambalur District and quash the same.

2. Learned Counsel for the Petitioner submitted that the petitioner was in possession of Government poramboke land in SF.No.299, Kottarai Village, Alathur Taluk (previously Kunnam Taluk) and Perambalur District and doing agriculture operations. In 2006, a scheme by name “Special Scheme for Assignment to the Landless Agricultural Poor” (for brevity Scheme) was introduced. The respondents 1 to 3 were entrusted with the task of selecting the beneficiaries under the scheme and the 3^rd respondent was empowered to make assignments to the beneficiaries in the name of His Excellency the Governor of Tamilnadu. Thus, the Petitioner was assigned an extent of 0.41.5 hectares (1.02 acres) of land through the assignment order dated 09.12.2006.

The order of assignment stipulates various conditions and if there is any violation or breach of conditions, the same will lead to cancellation. After the assignment, the Patta was also issued in favour of the petitioner by the 3^rd respondent in Patta No.1508, conferring the absolute right and title over the land in question.

2.1. Learned counsel for the petitioner would further submit that one Rajamanickam, who was the President of the Kottarai village Panchayat, having previous enmity with her family, he had openly challenged the assignment made in favour of the petitioner. Under the instigation of the Panchayat President, the 3^rd respondent came to the Petitioner's land on 11.06.2008 and gave oral warning and threatened that there should be no cultivation in the said land as the same is a Government land.

2.2. Learned counsel for the petitioner would further submit that since the said land is assigned under a special scheme, the third respondent has no authority to restrain the petitioner from enjoying the land and also from doing cultivation. Hence, the petitioner filed a writ petition in W.P.No.18112 of 2008, before this court seeking mandamus against the respondents that they should not interfere with her right to enjoyment without following the due process of law and the same was closed on 29.07.2008 by recording the submission of the Government Pleader that no proceedings will be taken for cancellation of patta, without following due process of law. Thereafter, a notice dated 18.09.2008 was issued by the 2^nd respondent stating that the land assigned in favour of the petitioner was required for laying public road. Challenging the said notice, the Petitioner has filed another writ petition in W.P.No 25336 of 2008, before this Court and the same was disposed on 19.12.2008, directing the second respondent to consider the explanation submitted by the petitioner. It is significant to state that this Court has specifically held that the land assigned