Property vest absolutely in assignee after expiry of 20 years dehors payment of land value - cancellation was initiated after 43 years - Cancellation of assignment of land, set aside.

Citation

AIROnline 2021 Mad 492

MADRAS HIGH COURT

(MADURAI BENCH)

R. SUBRAMANIAN , J.

Cont. P. (MD) - 2211 of 2017 D/- 16 - 4 - 2021

R. Shanmugam v. A. Annadurai The District Collector, Thanjavur and Ors.

(A)Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act (58 of 1961), S.94 - Tamil Nadu

Land Reforms (Disposal of Surplus Land) Rules (1965), R.9 - Assignment of land - Cancellation

of - Land was assigned to assignee in year 1975 and action for cancellation was initiated after

43 years in year 2018 that too after assignee approached Court seeking correction of error

in Town Survey Records - Originally before Writ Court, Authorities conceded that land was

assigned to holder and they are not making any development work in land assigned - However,

pursuant to liberty granted notice was sought to be issued without specifying purpose order of

assignment cancelled - It is not proper procedure for cancellation of assignment - Entire exercise

was without jurisdiction, since it is sought to be done after 43 years from date of assignment

- As per Cl.(a) of Sub Rule (iii) of R.9 property vest absolutely in assignee after expiry of 20

years dehors payment of land value - Cancellation of assignment of land, set aside - Authorities

directed to restore land.

 (Paras 25 , 26)