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Madras High CourtWP(MD)/7667/2013allowed

K.Sundarajan, S/O.Krishnasamy, v. The Principal Secretary/

2015-11-25Honourable Mr Justice N. Kirubakaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2015

CORAM

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P(MD).No.7667 of 2013 and M.P(MD).No.1 of 2013 K. Sundarajan ... Petitioner Vs.

1.The Principal Secretary / Commissioner of Land Administration, Land Administration Department, Chepauk, Chennai.

2. The District Revenue Officer, Thiruchirappalli.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records relating to the impugned order vide Rc.NO.G1/27056/12 dated 10.04.2013 passed by the 1st respondent and quash the same. For Petitioner ... Mr.T.Antony Arulraj For Respondents ... Mr. Chandrasekar Government Advocate

ORDER

This Writ Petition has been filed praying to call for the records relating to the impugned order, vide Rc.NO.G1/27056/12 dated 10.04.2013, passed by the first respondent and quash the same.

2. The petitioner was allotted land premises in S.No.108/6, measuring to an extent of 0.81.0 hectares, in the Venkatachalapuram Village, Thuraiyur Village, Trichy District, on the basis that he is an Ex-serviceman. The petitioner contends that he developed the property after allotment and the revenue records have been changed in the petitioner's name. However, the said allotment was cancelled, by order dated 28.09.2012, on the ground that the petitioner is not a resident of Venkatachalapuram and he is resident of Narasingapuram, T. Renganathapuram, by the second respondent. Challenging the said cancellation order, the petitioner preferred an appeal before the first respondent. Till https://hcservices.ecourts.gov.in/hcservices/

the disposal of the appeal, interim petition has been filed seeking stay of cancellation of assignment. The said petition was dismissed, holding that there is no valid ground for grant of stay. The said order has been challenged before this Court.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate.

4. It is seen from the records that the petitioner was allotted assigned land on 07.09.2007 and for five years he enjoyed the property, by developing the same. However, by virtue of order dated 28.09.2012, the assignment order was cancelled. Against which the petitioner has rightly preferred an appeal.

5. A perusal of the impugned order would disclose that it is a non speaking order. Moreover, if the stay is not granted in the appeal, the petitioner's possession would be lost and in that event the property would be allotted to third parties. Further, the property would be sold in favour of third parties, resulting in accrual of third party rights. The said situation would make more the proceedings complex resulting impleading of beneficiaries. Therefore, the order passed by the first respondent vide Rc.NO.G1/27056/12, dated 10.04.2013, is set aside and the stay of the cancellation order is directed to be in force till the disposal of the appeal. The first respondent is directed to dispose of the appeal, after giving an opportunity of hearing to the petitioner, as expeditiously as possible.

6. Accordingly, the Writ Petition is allowed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The Principal Secretary / Commissioner of Land Administration, Land Administration Department,Chepauk, Chennai.

2. The District Revenue Officer,Thiruchirappalli. +1cc to Mr.T.Antony Arul Raj, Advocate Sr.No.67821 +1cc to Spl.GOvernemnt Pleader Sr.No. 67373 trp AA/GSV-AN/21.12.2015/2p-5c W.P(MD).No.7667 of 2013 and M.P(MD).No.1 of 2013 25.11.2015 https://hcservices.ecourts.gov.in/hcservices/