Madras High Court
K.Raja vs The District Collector on 13 June, 2022
W.P.(MD).No.14204 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.06.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD).No.14204 of 2011
and
M.P.(MD).Nos.1 of 2011 and 1 of 2014
K.Raja ... Petitioner
Vs.
1.The District Collector,
Sivagangai District,
Sivagangai.
2.The Revenue Divisional Officer,
Revenue Divisional Office,
Sivagangai.
3.The Tahsildar,
Ilayangudi Taluk Office,
Ilayangudi,
Sivagangai. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorari, to call for the
records of the pursuant to the impugned notice passed by the second
respondent in Na.Ka.A3/6209/2011 dated 24.11.2011.
1/6
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W.P.(MD).No.14204 of 2011
For Petitioner : Mr.J.John
For Respondents : Mr.N.Muthuvijayan
Special Government Pleader
ORDER
The present writ petitioner has challenged the order passed
by the Revenue Divisional Officer calling upon his vendor to attend an
enquiry relating to the cancellation of assignment patta that was issued in
the year 1970.
2. Though the Writ Petition may not be maintainable
challenging the show cause notices, in the present case the jurisdiction of
the Revenue Divisional Officer calling the writ petitioner for attending
the enquiry for cancellation of the assignment order is under challenge.
3. The case of the writ petitioner is that his vendor namely,
one Muthu was granted an order of assignment to an extent of 3 acres 1
cent in Survey No.28/6 at Seerathakudi Village, Uthamnoor Group,
Thadiyamangalam Village Panchayat, Ilayangudi Taluk, Sivagangai
District. In the year 2007, the petitioner has purchased the said property
from the original assignee. Thereafter, the revenue patta was also
mutated in the name of the writ petitioner in the year 2008.
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W.P.(MD).No.14204 of 2011
4. The counsel for the petitioner further submits that on
29.03.2007, the second respondent has issued a show cause notice for
cancellation of the assignment order. The said first show cause notice
was the subject matter of O.S.No.61 of 2008 on the file of District
Munsif cum Judicial Magistrate, Ilayangudi. The suit was filed for
declaration of title and permanent injunction as against the District
Collector and other official respondents. After trial, the suit was decreed
as prayed for.
5. Again, a second show cause notice was issued on
18.11.2008 for cancellation of the same patta. However, no further
proceedings were initiated. Now for the third time, a notice has been
issued by the second respondent on 24.11.2011. The said notice has
been challenged on the ground that the patta has been issued in favour of
the petitioner's vendor in the year 1970. When such assignment order
was issued in favour of the petitioner's vendor before 1973, there is no
power conferred upon the revenue authorities for cancellation of the said
assignment order. The learned counsel for the petitioner brought to the
notice of the Court that the Government Order in G.O.Ms.No.2555
Revenue dated 14.05.1973 has been passed granting powers upon the
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W.P.(MD).No.14204 of 2011
District Revenue Officer to cancel the order of assignment without any
time limit. This Hon'ble Court while interpreting the said G.O.Ms.No.
2555 Revenue dated 14.05.1973 in W.P.No.906 of 1980 dated
17.06.1986 in the case of (S.Padmavathi Vs. Secretary to Government
and Others) has held that the power conferred upon theDistrict Revenue
Officer to cancel the order of assignment is prospective in nature and he
can exercise the said power only for the assignment orders issued after
14.05.1973. This order of the learned Single Judge was followed in
another judgment in W.P.No.11836 of 2010 dated 17.03.2021 in the
case of (Seriya Pushpam Vs. The Special Commissioner and
Commissioner for Land Administration and Others).
6. Admittedly, in the present case, the assignment order has
been issued in favour of the petitioner's vendor in the year 1970. Since
the order conferring the powers upon the District Revenue Officer for
cancellation of the assignment order is prospective in nature with effect
from 14.05.1973 onwards and the impugned notice issued by the second
respondent for cancellation of the assignment order is clearly without
jurisdiction, this impugned order is set aside.
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W.P.(MD).No.14204 of 2011
7. With the above observations, this Writ Petition stands
allowed. There shall be no order as to costs. Consequently, connected
miscellaneous petitions are closed.
13.06.2022
Index : Yes / No
Internet : Yes / No
Nsr
To
1.The District Collector,
Sivagangai District,
Sivagangai.
2.The Revenue Divisional Officer,
Revenue Divisional Office,
Sivagangai.
3.The Tahsildar,
Ilayangudi Taluk Office,
Ilayangudi,
Sivagangai.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.14204 of 2011
R.VIJAYAKUMAR ,J.
Nsr
Order made in
W.P.(MD).No.14204 of 2011
13.06.2022
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