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Madras High CourtWP/25579/2023disposed of

Kala v. The District Collector

2023-09-01Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No. 25579 of 2023 Kala ... Petitioner Vs.

1.The District Collector, District Collectorate, Kallakurichi.

2.The Revenue Divisional Officer, Revenue Divisional Office,Kallakurichi.

3.The Tahsildar, Chinnasalem Taluk, Kallakurichi District.

4.Tamilvanan, 5.Vanithamani 6.Tamilarasan ... Respondents Prayer: Writ Petition filed under Article 226 of the Consitution of India was filed to issue Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's representation dated 05.05.2023 and 16.08.2023 to the respondents 1 to 3 to cancel the assignment patta to the lands in S.No.201/12

admeasuring 0.39.0 acres, S.No.201/13 admeasuring 0.81.0 acres and S.No.198/30 admeasuring 0.39 cents assignment given to the respondents 4 to 6 respectively under the Government Landless poor scheme. For Petitioner : Mr.S.N.Subramani For Respondents 1 to 3 : Mr.E.Sundaresan, Government Advocate

ORDER

The relief sought for in the present writ petition is to direct the respondents 1 to 3 to consider the petitioner's representations dated 05.05.2023 and 16.08.2023 to cancel the assignment patta to the lands in S.No.201/12 admeasuring 0.39.0 acres, S.No.201/13 admeasuring 0.81.0 acres and S.No.198/30 admeasuring 0.39 cents.

2. With reference to the grievances of the writ petitioner, the learned Government Advocate appearing on behalf of the respondents 1 to 3 made a submission that the government land assigned in favour of the respondents 4 and 5 were not utilised for the purpose for which the lands were assigned.

3. The authorities found that the respondents 4 and 5 had illegally alienated the government assigned lands in favour of the 6th respondent.

Alienation of the assigned land is impermissible under the assignment conditions and appropriate steps are taken to cancel the assignment.

4. It is needless to state that before cancelling the assignment, the authorities have to provide an opportunity to the assignees for submitting their defence statement. At the outset, the procedures contemplated are to be followed for initiation of all further actions.

5. With these observations, the writ petition stands disposed of. No costs.

01.09.2023 Index : Yes 1.The District Collector, District Collectorate, Kallakurichi.

2.The Revenue Divisional Officer, Revenue Divisional Office,Kallakurichi.

3.The Tahsildar, Chinnasalem Taluk, Kallakurichi District.

S.M.SUBRAMANIAM, J.

nl 01.09.2023