B.Saroja, v. The Collector Of Salem,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.10.2017
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.26260 of 2017 and WMP.Nos.27927 & 27928 of 2017 B.Saroja
...Petitioner
Vs.
1.The Collector of Salem Salem.
2.The District Revenue Officer Salem.
3.The Revenue Divisional Officer Salem.
4.The Tahsildar Gengavelli Taluk Salem District.
5.The Joint Director of Agriculture Salem District.
...Respondents
PRAYER:
Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent, the Revenue Divisional Officer, Salem, made in his proceedings in Na.Ka.11394/82-B6 dated 16.07.1982 and quash the same and further direct the respondents 1 to 3 to restore the land already assigned in favour of the petitioner father to the legal heirs of the petitioner deceased father.
For Petitioner : M/s.K.N.Nalinishree For Respondents : Mr.P.Senthilvel Government Advocate
O R D E R
Mr.P.Senthilvel, learned Government Advocate takes notice for the respondents. By consent of the parties, the main writ petition itself is taken up for final disposal at the admission stage itself.
2. Heard the learned counsel for the petitioner.
3. The petitioner seeks to challenge the order of the third respondent dated 16.07.1982 cancelling the assignment made in favour of the petitioner's father in respect of the subject matter land. According to the petitioner, she is not aware of the cancellation order. But admittedly, her father who got assignment in his favour was alive till 1996 and has not taken any steps to challenge the order of cancellation made in the year 1982. Now, after 35 years, the petitioner seeks to challenge the said cancellation order, which in my considered view, cannot be entertained solely on the ground of laches, even assuming that the petitioner is making out a case on merits. Therefore, this writ petition is dismissed as not maintainable, on the ground of latches. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vsi
To 1.The Collector of Salem Salem.
2.The District Revenue Officer Salem.
3.The Revenue Divisional Officer Salem.
4.The Tahsildar Gengavelli Taluk Salem District.
5.The Joint Director of Agriculture Salem District.
+1cc to M/s.K.N.Nalinishree, Advocate, S.R.No. 72713 +1cc to the Government Pleader, S.R.No. 72627 W.P.No.26260 of 2017 RJ (CO) PSI 28/10/2017