Procedural fairness in administrative decisions is vital; assignments cannot be restored without notifying affected parties.

COMMON ORDER

Both the writ petitions have been filed challenging the order passed by the Tahsildar, Tambaram Taluk, Chennai dated 12.08.2016.

2. Heard and perused the materials available on records.

3. Insofar as the petitioner in W.P.No.27701 of 2019 is concerned, he had purchased vacant land comprised in S.No.21/3, Sub-division No.21/3B4 to an extent of 29 cents situated at Thiruvancherry Village, Mappedu, Tambaram Taluk, Kancheepuram by the registered sale deed dated 01.06.2011 registered vide Document No.2990 of 2011. After purchase of the said property, the petitioner was issued patta on 09.01.2012 under Patta No.629. The subject property is part of the larger extent of 4 acres of land owned by one T.N.Vittalnatha Naidu, under the Tamil Nadu Land Reforms Act and the provisions of the Disposal of Surplus Land Rules, 1965. After having acquired the vast extent of land from the said T.N.Vittalnatha Naidu, 4 acres of land were assigned to various persons. 2 acres of land comprised in S.No.21/3A part and S.No.21/3 were assigned in favour of the respondents 4 and 5 herein by the proceedings dated 17.09.1982. Subsequently, they also obtained sale deed in their favour from the son of the said T.N.Vittalnatha Naidu by the registered Document No.2371/1983 dated 25.05.1983 for the very same property. Thereafter, the respondents 4 and 5 herein partitioned the said property and sold the same to various individuals by sub-division. One Shanthakumari had purchased 29 cents out of the total extent of 2 acres of land by the registered sale deed dated 01.12.1990 vide Document No.1415 of 1991. In turn, she sold the property in favour of one Jai Flora Mercy by the sale deed dated 15.05.2006 vide Document No.2694 of 2006 and thereafter, the said property was purchased by one N.Ravichandran and one N.Ganesan by the registered sale deed dated 15.12.2006 vide Document No.2990 of 2011. They sold the subject property in favour of the petitioner on 01.06.2011. After having been sold the subject land, the assignees approached the Assistant Commissioner Land Reforms, Villupuram for issuance of patta for the subject property. In the meantime, one of the legal heirs of the said T.N.Vittalnatha Naidu also made a representation claiming the property to an extent of 23.40 acres as if the said property was settled in his favour by his grand father, viz., T.N.Vittalnatha Naidu. Subsequently, it was withdrawn and requested that the status quo ante may be restored in respect of the surplus and retainable land. However, the subject land was purchased by the petitioner and he is in possession and enjoyment of the same. On the representation received for issuance of patta from the fourth and fifth respondents, the Assistant Commissioner Land Reforms, referred the matter before the Tahsildar, Tambaram. Therefore, the Tahsildar, Tambaram requested the Revenue Divisional Officer, Tambaram to pass appropriate orders. However, there was no action and as such, the fourth respondent approached this Court in W.P.No.26140 of 2014 and this Court, by an order dated 25.09.2014 directed the Tahsildar to consider the representation submitted by the fourth respondent and pass orders. However, the Tahsildar, without issuance of any notice to the purchasers viz., the petitioner herein and without giving any opportunity of hearing, issued assignment in respect of the property comprised in S.No.21/3, to an extent of 1.50 acres. Thereafter, the fourth respondent was issued patta in Patta No.1173 to an extent of 1.41 acres which includes the land purchased by the petitioner by the sale deed dated 01.06.2011. Thereafter, the fourth respondent sold out the land which wer