P. Ramar v. Sasikala

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2025

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE SHAMIM AHMED, J.

and C.M.P.No.30074 of 2025 P.Ramar ... Appellant -Vs1. Sasikala

2. The District Collector, Salem District, Salem - 636 001.

3. The District Revenue Officer, Salem District, Salem - 636 001.

4. The District Adi Dravidar Welfare Officer, Salem District, Salem - 636 001.

5. The Revenue Divisional Officer,

6. The Tahsildar, Attur Taluk, 1/6

7. The Special Tahsildar, Adi Dravidar Welfare Department,

8. The Revenue Inspector, Adi Dravidar Welfare Department, Salem District - 630 102.

... Respondents PRAYER : Appeal filed under Clause XV of Letters Patent, against the order dated 20.11.2024 in W.P.No.29807 of 2024.

For Appellant :

Mr.A.Jayamalan For Respondents :

Mr.C.Gauthamaraj Government Advocate for R2 to R8

J U D G M E N T

(Judgment of the Court was delivered by R.SURESH KUMAR, J.) This intra Court appeal has been directed against the order dated 20.11.2024 made in W.P.No.29807 of 2024.

2. In fact, the present appellant is a third party and as he was not a party to the writ proceedings, after getting leave of this Court, he has filed the present appeal challenging the order passed by the writ Court dated 20.11.2024.

3. In fact, the first respondent / writ petitioner was an assignee in whose favour the land has been assigned under the Landless Poor Category Scheme. 2/6

Subsequently, the said assignment has been cancelled and it has been served by order dated 20.08.2024 by the official respondents. That order when was challenged before the writ Court, the writ Court found that, before passing the said order dated 20.08.2024, no notice has been served on the first respondent / writ petitioner, i.e., assignee, only on the ground of violation of principles of natural justice, the writ petition was allowed and the impugned order before the writ Court dated 20.08.2024 was set aside.

4. As against the present impugned order, though this intra-Court appeal has been filed, Mr.A.Jayamalan, learned counsel appearing for the appellant would submit that, in the year 2017 itself, the cancellation has been made and after conducting enquiry only, such cancellation was made, but the order 20.08.2024 is only a subsequent communication issued by the Revenue Authorities, therefore, it cannot be in isolation challenged and these factors have not been considered by the learned Judge while disposing the writ petition, that is the reason why he has filed the present appeal.

5. We have not impressed with the said submissions made by the learned counsel appearing for the appellant for the simple reason that the land belongs to the Government, therefore, it was assigned by the Government under the Landless Poor Category, therefore, if at all the Government has got any 3/6

grievance over the order which is impugned herein, the Government should have filed an appeal, but ultimately so far no appeal has been filed.

6. Moreover, the Government even though has got a right to revoke the order of assignment, but that must be on the basis of the procedure established under law. Here in the case in hand, no notice before issuance of cancellation order since has been issued on the assignee and on that ground since the order was set aside, we do not find any reason to interfere with the said approach of the learned Judge, therefore, the present appeal is devoid of merits as it is liable to be dismissed. Hence, the Writ Appeal is dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. (R.S.K., J.) ( S.S.A., J.) 08.12.2025 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No vji 4/6

To

1. The District Collector, Salem District, Salem - 636 001.

2. The District Revenue Officer, Salem District, Salem - 636 001.

3. The District Adi Dravidar Welfare Officer, Salem District, Salem - 636 001.

4. The Revenue Divisional Officer,

5. The Tahsildar, Attur Taluk,

6. The Special Tahsildar, Adi Dravidar Welfare Department,

7. The Revenue Inspector, Adi Dravidar Welfare Department, Salem District - 630 102.

5/6

R.SURESH KUMAR, J.

and SHAMIM AHMED, J.

vji and C.M.P.No.30074 of 2025 08.12.2025 6/6