P. Sankaralingam v. The Additional Chief Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P(MD)No.1 of 2015 P.Sankaralingam ... Petitioner Vs 1.The Additional Chief Secretary and Commissioner of Land Administration, Chepauk, Chennai - 600 005.
2.The District Collector, Virudhunagar District, Virudhunagar.
3.The District Revenue Officer, Virudhunagar District, Virudhunagar.
4.The Tahsildar, Sivakasi Taluk, Virudhunagar District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of 1/5
the first respondent in Rc.No.G2/4006/11 dated 26.09.2014 quash the same and consequently restore the assignment order made in favour of the petitioner by the fourth respondent in A1/D.C.8/12/1414A1/1697/05 on 02.03.2005. For Petitioner : Mr.A.Sivaji For Respondents : Mr.S.Shanmugavel Additional Government Pleader
ORDER
The learned counsel appearing for the writ petitioner informs the Court that he has received a letter calling upon him to withdraw the writ petition itself. Considering the facts and circumstances, permission to writ draw this writ petition is rejected. Such a course of action is not necessary to be adopted for two reasons:
a) The subject matter pertains to cancellation of the assignment of land made in favour of the petitioner vide order dated 15.07.2009 passed by the District Revenue Officer, Virudhunagar. This cancellation order was confirmed by the Commissioner of Land Administration on 26.09.2014. The assignment was made in favour of the petitioner by the Tahsildar, Sivakasi on 02.03.2005. Thiru.Nageswaran, Assistant working in Taluk Office, Sivakasi informs this Court that in the assigned land which is the subject matter of this writ petition, one Government Arts and Science College, Sivakasi Taluk, Anaiyur Village has been put up. Therefore nothing survives for further adjudication. When a 2/5
Government College has already been come up, this Court must take note of the said development. It is true that an interim order was granted in favour of the petitioner on 30.01.2015 in the following terms: "4. Notice of motion returnable in four weeks. In view of the aforesaid submission, there shall be a limited stay for a period of four weeks to the effect that apart from the lands taken for the Higher Education Department, the remaining lands shall not be altered or assigned to any other department till 27.02.2015."
The interim order is quite vague and it does not indicate that it covers the subject land. In any event, the interim order was only for a period of four weeks and it has not been extended.
b) Coming to the merits of the matter, the value of the land even during the relevant time was more than Rs.8 Lakhs. It was obviously beyond the monetary limit of the assigning authority (Tahsildar, Sivakasi). In the counter it has been stated that a land worth Rs.8 Lakhs has been arbitrarily shown as valued at Rs.50,000/-. During relevant time (2005), Tahsildar's monetary limit was only up to Rs.10,000/- as per G.O(Ms)No.66 Revenue Department dated 06.02.1999. Even as per G.O(Ms)No.248 Revenue Department dated 28.07.2009 the monetary limit was Rs.30,000/-. Looked at from any angle, the assignment of the land was illegal and without jurisdiction. 3/5
2. One another reason set out in the impugned order passed by the District Revenue Officer is that the eligibility of the petitioner for getting assignment has not been shown. No case for interference is made out.
3. This writ petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 16.08.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Additional Chief Secretary and Commissioner of Land Administration, Chepauk, Chennai - 600 005.
2.The District Collector, Virudhunagar District, Virudhunagar.
3.The District Revenue Officer, Virudhunagar District, Virudhunagar.
4.The Tahsildar, Sivakasi Taluk, Virudhunagar District.
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G.R.SWAMINATHAN, J.
MGA and M.P(MD)No.1 of 2015 16.08.2023 5/5