Madras High Court
V.R. Othisamy vs The Commissioner Of Land Reforms on 8 August, 2014
Author: M. Sathyanarayanan
Bench: Sanjay Kishan Kaul, M.Sathyanarayanan
In the High Court of Judicature at Madras
Dated: 08.08.2014
Coram:
The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice
and
The Honourable Mr. Justice M.SATHYANARAYANAN
Writ Petition No. 18918 of 2013
and
M.P.No.1 of 2013
V.R. Othisamy .. Petitioner
vs.
1. The Commissioner of Land Reforms
Ezhilagam, Chepauk
Chennai 600 005.
2. The Assistant Commissioner
Land Reforms
Gandhiji Road
Erode. .. Respondents
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PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondent authorities to consider the representation dated 23.4.2013 seeking to cancel the assignment order who has violating the assignment condition order dated 07.02.1992 in Survey Nos. 1077/1B, 1080/2, 1081/1C2, 1081/4A2 situated at Ikkaraipoluvampatti Village, Coimbatore District and allot the same to the landless poor people who will utilize the said lands for cultivation purpose.
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For Petitioner : Mr. A.V. Raja
For Respondents : Mr. S.T.S. Moorthy
Govt. Pleader.
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O R D E R
(Made by The Hon'ble The Chief Justice) The petitioner has addressed the representation dated 23.4.2013 to the concerned respondents seeking cancellation of assignment pattas of such of the members who are violating the assignment conditions. These assignment pattas are stated to have been issued on 07.02.1992 from the waste land acquired from the land owners. It is alleged that some of the parties obtained assignment inappropriately in their names and complaints have been made.
2. The learned Government Pleader appearing for the respondents on the other hand submits that the restriction on assignment was valid for a period of twenty years and thereafter, the land cost could be paid and transfer would not be prohibited. He however submits that the representation of the petitioner would be examined against such of the patta holders who may have violated the conditions and who have not so far deposited the land cost, since twenty years in any case has lapsed and in case any violation is found, action in accordance with law will be taken.
3. The respondents to carry out necessary exercise within a maximum period of three months from today.
4. The writ petition accordingly stands disposed of. Consequently, M.P. No.1 of 2013 is closed.
[S.K.K., CJ] [M.S.N., J.]
ATR 8h August, 2014.
To
1. The Commissioner of Land Reforms
Ezhilagam, Chepauk
Chennai 600 005.
2. The Assistant Commissioner
Land Reforms
Gandhiji Road
Erode.
The Hon'ble The Chief Justice
and
M. SATHYANARAYANAN,J.
ATR
W.P. No. 18918 of 2013
08.08.2014