G.Arumugam v. The Govt Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2021 CORAM :
THE HONOURABLE MR. JUSTICE M.M.SUNDRESH AND THE HONOURABLE MS. JUSTICE R.N.MANJULA W.A.No.2578 of 2018 G.Arumugam ..Appellant Vs 1.The Government of Tamil Nadu Rep. by its Secretary, Department of Revenue, Fort St.George, Chennai - 09.
2.The Special Commissioner and Commissioner of Land Administration, Chepauk, Chennai - 600 005.
3.The District Collector, Kancheepuram District, Kancheepuram.
4.The Revenue Divisional Officer, O/o.Sub Collector, Chengalpattu, Kancheepuram District.
5.The Tahsildar, Thiruporur Taluk, Thiruporur, Kancheepuram District. ..Respondents Prayer: Appeal filed under 15 of Letters Patent against the order dated 19.09.2018 made in W.P.No.365 of 2018. Prayer in W.P.No.365 of 2018 : To call for the records of the fourth respondent and quash the order passed by him in Na.Ka. No.1097/ 2017/ AA dated 20.09.2017 and directing the respondents to assign and to issue patta in the name of the petitioner for the land enjoyed by him in S. No.406 of 26 Kolathur Village Thiruporur Taluk Kancheepuram District to an extent of 3 acres 331/2 cents in accordance with G.O.Ms. No.1750/ Rev/ dated 13.05.1963 or any other G.O. is inforce and in accordance with RSO-15 clause - 24 which facilitates assignment of lands to ex-servicemen with free of cost.
For Appellant : Mr.M.Jayapal Rajan For Respondents : Mr.V.Kadhirvelu, Special Government Pleader
JUDGMENT
(Delivered by M.M.SUNDRESH, J.) This appeal has been preferred against the order of the learned Single Judge, who, while upholding the order impugned, was pleased to observe that the appellant does not have a legal right especially over a land which belongs to the Central Government and in view of the prevailing ban.
2. Learned counsel appearing for the appellant submitted that if the said land is not available, the other land could have been considered.
3. We do not find any merit in the appeal filed. In view of the categorical finding with regard to the classification of the land as one belonging to the Central Government and the existence of the ban, the appellant does not have a vested right to claim the particular land. However, the disposal of the appeal will not stand in the way of the appellant, being an ex-serviceman, to seek assignment of another land, if law so provides.
4. The writ appeal stands disposed of accordingly. No costs. Consequently, connected C.M.P.No.20979 of 2018 is closed.
Sd/- Assistant Registrar //True copy// Sub Assistant Registrar ssm To 1.The Secretary Government of Tamil Nadu Department of Revenue, Fort St.George, Chennai - 09.
2.The Special Commissioner and Commissioner of Land Administration, Chepauk, Chennai - 600 005.
3.The District Collector, Kancheepuram District, Kancheepuram.
4.The Revenue Divisional Officer, O/o.Sub Collector, Chengalpattu, Kancheepuram District.
5.The Tahsildar, Thiruporur Taluk, Thiruporur, Kancheepuram District.
W.A.No.2578 of 2018 PP(CO) GMY(29/06/2021)