1. Government land allotted free of cost for residential house under conditional assignment — Violation of conditions — Cancellation and reassignment. (Para 2 )
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice S. M. SUBRAMANIAM
The District Collector – Appellant
Versus
S. Amutha – Respondent
WA No. 3423 of 2025|CMP No. 27966 of 2025
1. Government land allotted free of cost for residential house under conditional assignment — Violation of conditions — Cancellation and reassignment. (Para 2 )
2. Assignee contended conditions complied; State argued violation through inspection and photographs. (Para 3 , 4 )
3. Writ order set aside; appeal allowed; assignment cancellation and reassignment upheld. (Para 5 )
The assignment can be cancelled, the land resumed, and reassigned to eligible persons. (Para 2 , 5 )
A writ court cannot sustain an assignment when the assignee has violated the conditions, such as not using the land for the allotted purpose. (Para 4 , 5 )
JUDGMENT
(Judgment was delivered by S.M.Subramaniam J.)
The assignment patta was issued to the respondent/2nd writ petitioner in the year 2000. It is the conditional assignment made and lands are allotted at free of cost, for construction of house for residential purpose. The Government lands allotted at free of cost, cannot be utilised for any other purpose other than the purpose for which it was allotted under the Revenue Standing Orders. The conditional assignment states that residential houses must be constructed within a period of six months from the date of allotment, with setback areas as stated in the assignment order. In the event of violation of any of the assignment conditions, the order of assignment will be cancelled and the Government land will be resumed. Accepting the said condition, the respondent secured assignment of Government land at free of cost.
2. The competent authorities during inspection found that the respondent/2nd writ petitioner is not a landless poor person and she is residing in some other place. The lands allotted have not been utilised for residential purpose and a small thatched hut was constructed by the respondents/writ petitioners, in order to show that the assignment conditions have been complied with.
3. In this regard, the learned Additional Government Pleader appearing on behalf of the appellants would submit a copy of the written instructions given by the District Backward Classes and Most Backward Classes Welfare Officer to the Government Pleader, dated 07.11.2025. Along with the instructions, photographs also enclosed. The District Backward Classes Welfare Officer would submit that the respondents/writ petitioners are not residing in the land assigned to them and they are residing in their own houses in another place and the photograph of the said house also would show that it is a pucca concrete building, constructed in ground floor and first floor.
4. The learned counsel for the respondent/2nd writ petitioner would oppose by stating that the conditions stipulated in the assignments have been complied with. That apart, on the date of assignment, the respondent was considered as landless poor persons and therefore, the assignment is sustained by the Writ Court.
5. This Court is of the considered view that the assignment granted in the name of the respondent was cancelled and it was reassigned in favour of some other eligible persons by the Special Tahsildar, Namakkal. The instructions as well as photographs furnished by the learned Additional Government Pleader would show that the respondent is not residing in the assigned land and the authorities while conducting field inspection found that the respondent is residing in another place in their own building. Since the assignment conditions have been violated and the Government lands are already resumed and reassigned to other eligible persons, the writ order impugned cannot be sustained. Consequently, the writ order dated 27.06.2024 passed in W.P.No.12021 of 2024, is set aside and the Writ Appeal stands allowed. No costs. Connected Miscellaneous Petition is closed.
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