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IN THE HIGH COURT OF JUDICATURE AT MADRAS
KRISHNAN RAMASAMY, J
Almco Properties Pvt. Ltd. – Appellant
Versus
District Collector, Coimbatore District – Respondent
| Table of Content |
|---|
| 1. petitioner contests collector's jurisdiction under rso-15; respondents cite g.o.ms.no.2555. (Para 2 , 3 , 4) |
| 2. issue: collector's power for pre-1973 assignment cancellation. (Para 5 , 6) |
| 3. rso-15(2)(xi) vests resuming power in commissioner for pre-1973 lands. (Para 7 , 8) |
| 4. impugned order quashed for lack of jurisdiction. (Para 9) |
ORDER
Challenge was made against the impugned order passed by the 1st respondent dated 21.10.2024, cancelling the assignment.
2. The learned counsel appearing for the petitioner would submit that by virtue of the impugned order, the original assignment of the subject land made on 01.09.1929 was cancelled by the 1st respondent / District Collector. According to the petitioner, the 1st respondent / District Collector has no authority to pass the present impugned order in terms of the provisions of RSO-15(2)(xi). By referring the said provision, he would submit that in the present case, since the land was assigned as early as on 01.09.1929, the competent authority to resume the land is only the Commissioner of Land Administration, who has been vested with powers to resume the land by cancelling the assignment, if there is any breach of terms
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