2026:MHC:326 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-01-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN WA No. 1861 of 2022 and WA No. 1865 of 2022

1. Santhosh kumar S/o.Perumalsamy,No.271, Pollachi Road, Palladam Town, Pollachi Taluk, Coimbatore Disrict.

2. Soundararajan, S/o.Mani, Door No.200, Mariamman Koil Street, Pazhaiyur, Pappanaickenpalayam, Coimbatore -37 ..Appellant(s)

Vs

1. The Director of Land Reforms, Chepauk, Chennai 5.Chennai

2. The Revenue Divisional OfficerCoimbatore South, Coimbatore.

3. The Thasildar,Sulur Taluk, Coimbatore District.

4. The Secretary to the Government,Revenue and Disaster Management Department,Land Reforms Wing, L.R.2(2) Section, St.George Fort, Chennai 600 009

5. Mr.Rasiappan,S/

o.Mr.Palazhaniandi,Appanaickanpatti Village, Sulur Taluk, Coimbatore District.

6. Mr.Komaran,S/o.Mr.Raman,Appanaickanpatti Village, Sulur Taluk, Coimbatore District.

7. Mr.Pazhani,S/o.Ammavasai,Appanaickanpatti Village, Sulur Taluk, Coimbatore District.

8. Mr.Kittan,S/o.Mr.Rangan,Appanaickanpatti Village, Sulur Taluk, Coimbatore District.

9. Tmt. PappalW/o.Sundaram Appanaickanpatti Village, Sulur Tk, Coimbatore Dist.

..Respondent(s)

WA No. 1865 of 2022

1. Santhosh kumarS/o.Perumalsamy,No.271, Pollachi Road, Palladam Town, Pollachi Taluk, Coimbatore Disrict. Coimbatore

2. Soundararajan,S/o.Mani, Door No.200, Mariamman Koil Street, Pazhaiyaur, Pappanaickenpalayam, Coimbatore -37 ..Appellant(s)

Vs

1. The Land CommisisonerChepauk, Chennai-600 005. Chennai

2. The Assistant Commissioner (Land Reforms)

ErodeJeevan Bhagvan Building, Gandhiji Road, Erode

3. The ThasildarSulur Taluk, Coimbatore District. 4. The Secretary to the GovernmentRevenue and Disaster Management Department,Land Reforms Wing, L.R.2(2) Section, St.George Fort, Chennai 600 009 ..Respondent(s)

WA No. 1861 of 2022 To set aside the order passed in WP.No. 32684 of 2018 vide Dt.

05.07.2022 to allow the same and thus render justice.

WA No. 1865 of 2022 To set aside the order passed in WP No.9633/2018 vide dt.

05.07.2022 to allow the same WA Nos. 1861 & 1865 of 2022 For Appellant(s): Mr.V. Manohar For Respondent(s): Mr.T.Arun Kumar, AGP for R1 to R4.

R5 to R7 - Died Steps Due.

Mr.J.Jayamalan for R8 &R9.

COMMON JUDGMENT

(Judgment of the Court was delivered by C.Kumarappan J.)

The present writ appeals are filed assailing the common order of the learned single Judge dated 05.07.2022 passed in W.P.Nos.9633 and 32684 of

2018.

2. In these writ petitions, the petitioners have challenged the order of the Government passed in G.O.Ms.No.73 dated 20.02.2018 issued by the Secretary to Government, Revenue and Disaster Management Department against the order of the Tahsildar/3rd respondent, granting assignment in the name of respondents 5 to 9. The Writ Court, after going into the submissions made on behalf of the petitioners/appellants herein has arrived at a conclusion that the assignment in favour of the petitioner was made, based upon the misrepresentation and false declaration in respect of the community of the petitioners, therefore, the cancellation of assignment and subsequent assignments in favour of respondents 5 to 9 are in order . Aggrieved by the same, the present Writ Appeals have been filed.

3. Learned counsel for the appellants would vehemently contend that the Land Commissioner, without considering the limitation provided under Section 11(3)(b) of the Tamil Nadu Land Reforms (Disposal of Surplus Land) Rules, 1965, has cancelled the assignment, and that the Land Commissioner, without even considering any basic facts in respect of the possession of the land by the appellants and the proof in respect of the community of the appellants, has erroneously cancelled the assignment, based upon the false representation of some motivated third parties, which is contrary to law.

4. It is the specific contention of the learned counsel for the appellants that any cancellation in exercise of suo motu power, that too, after a period of 5 years from the