Rajagopal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD).No.13905 of 2020 Rajagopal ... Petitioner Vs.

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Pudukkottai.

3.The Tahsildar, Gandarvakottai Taluk Office, Gandarvakottai, Pudukkottai District.

4.Vijayakumar 5.Rajkumar @ Bakkiyaraj ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records of the fourth respondent pertaining to the Impugned Assignment Order No.8418/2007 dated 05.12.2007 and quash the same.

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For Petitioner : Mr.K.Arjunan For R-1 to R-3 : Mr.B.Saravanan Additional Government Pleader For R-4 and R-5 : No Appearance

O R D E R

This Writ Petition has been filed challenging the impugned assignment order that was passed in favour of the fourth respondent through proceedings dated 05.12.2007.

2. Heard the learned counsel appearing on behalf of the petitioner and the learned Additional Government Pleader appearing on behalf of the respondents 1 to 3.

3. The case of the petitioner is that he and his family members were residing in the subject property. However, the assignment order was passed in favour of the fourth respondent by assigning the lands. The petitioner also found that the fourth respondent in whose favour the land was assigned had committed violation on the terms of the assignment by alienating the property within the time stipulated in the terms and conditions. Therefore, the petitioner made a complaint in this regard to the authorities to cancel the assignment given in favour of the fourth respondent. Since the same was not considered, the 2/5

petitioner has chosen to challenge the original assignment order that was passed in favour the fourth respondent dated 05.12.2007.

4. In the considered view of this Court, the petitioner has no locus standi to challenge the assignment order that was granted in favour of the fourth respondent. If there is any violation of the terms and conditions of the assignment, the authorities will take care of it and issue notice and take further action. The petitioner has made averments in the affidavit filed in support of this Writ Petition as if he is in possession and enjoyment of the land that was assigned. However, in the complaint that was given on 15.10.2020 to the official respondents, there is no such mention made and the complaint was given only on the ground that the fourth respondent has violated the terms and conditions of the assignment and has alienated the property.

5. This Court does not find any merits in this Writ Petition and accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

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To 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Pudukkottai.

3.The Tahsildar, Gandarvakottai Taluk Office, Gandarvakottai, Pudukkottai District.

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N.ANAND VENKATESH, J.

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