Order in W.P.No.30793 of 2013 and M.P.No.2 of 2013
The High Court of Judicature at Madras, through the Honourable Mr. Justice C.S. Karnan, issued the order in W.P.No.30793 of 2013 and M.P.No.2 of 2013 on 12 January 2016. The Court dismissed a challenge to the cancellation of land assignments and the resulting classification of Survey Nos.73, 74 and 75 in Appanaickanpatti, Sulur Taluk, Coimbatore District as Government Poramboke surplus lands.
What the case covers
The order in W.P.No.30793 of 2013 and M.P.No.2 of 2013 concerns assigned land in Survey Nos.73, 74 and 75 at Appanaickanpatti, Sulur Taluk, Coimbatore District. The petitioners asked the High Court of Judicature at Madras to cancel proceedings of the Assistant Commissioner (Land Reforms), Erode, and the consequential action of the Tahsildar, Sulur Taluk. They also sought restoration of the revenue records to their names.
The respondents were the Land Commissioner, Chepauk, Chennai, the Assistant Commissioner (Land Reforms), Erode, and the Tahsildar, Sulur Taluk, Coimbatore District.
Positions taken by the parties
The petitioners made the following claims:
- Their lands had been assigned under the Revenue Standing Order and they had remained in continuous possession.
- The assignments were reopened after many years because of claims and complaints by third parties.
- An appeal against the cancellation was pending before the Government of Tamil Nadu.
- Revenue entries were changed without notice or an opportunity for them to be heard.
- The disputed proceedings could affect their possession and rights in the land.
The government respondents stated that:
- The land assignments had been cancelled by the competent authorities.
- A complaint alleged that an assignment had been obtained through misrepresentation and fraud.
- A report from the Tahsildar, Coimbatore (North), indicated that the petitioners were rich persons and were not eligible for assignment.
- Following the cancellation, the A register, Village Chitta and Adangal were changed to show the properties as Government Poramboke surplus lands.
Decision and effect
The High Court of Judicature at Madras found from the records that the petitioners had immovable properties whose details appeared in the Land Commissioner's order. The Court concluded that the cancellation order and subsequent orders were suitable for execution and that the writ petition did not have sufficient force.
The writ petition was dismissed, the connected miscellaneous petition was closed, and no costs were awarded. The Court did not direct restoration of Survey Nos.73, 74 and 75 to the petitioners' names. The decision directly affects the petitioners and the revenue classification of these identified lands.
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Common questions
Did the High Court restore the land records to the petitioners' names?
No. The High Court of Judicature at Madras dismissed the writ petition and did not direct restoration of Survey Nos.73, 74 and 75 to the petitioners' names.
How were the properties shown in the revenue records after cancellation?
According to the government respondents, the A register, Village Chitta and Adangal were changed to classify the properties as Government Poramboke surplus lands.
Which properties are directly covered by the judgment?
The judgment concerns Survey Nos.73, 74 and 75 in Appanaickanpatti, Sulur Taluk, Coimbatore District.
Why did the authorities say the petitioners were not eligible for assignment?
The government respondents stated that a report from the Tahsildar, Coimbatore (North), confirmed that the petitioners were rich persons and therefore not eligible to receive an assignment.
