A KUMARASAMY Vs. HEMANT KUMAR SINHA, SPECIAL COMMISSIONER AND COMMISSIONER FOR LAND ADMINISTRATION, EZHILAGAM, CHEPAUK

JUDGEMENT

(1.) The petitioner has come forward to file the present writ petition seeking to punish the respondents for having willfully disobeyed the order passed by this Court W.P. No. 473 of 1988, dated 4.9.2000. By the aforesaid order, this Court held that the petitioner was entitled for assignment of land, but on payment of market value and that the District Revenue Officer cannot proceed as if the petitioner was not entitled for assignment. The D.R.O was directed to proceed further to assign the land afresh. It is not clear as to why the petitioner having allegedly secured an order in his favour on 4.9.2000 came to file contempt after a period of 11 years. In any event, when the contempt petition came up on 18.4.2011, the learned Government Advocate was directed to get instructions from the respondents.

(2.) A proceedings of the D.R.O., dated 26.8.2011 was produced and a copy of which has been addressed to the petitioner, in which it is shown that the petitioner's right to get assignment in respect of Anadheenam land was illegal and without authority. The land is required for the Government and for public purpose. Therefore, the petitioner's request for assignment of 5 acres of land in S. No. 183/1 in Thalambur village cannot be considered.

(3.) It is seen from the records that the petitioner, who was the Personal Assistant to the Director of Adi Dravidar and Tribal Welfare Department, got the land assigned in S. No. 183/1 in Thalambur Village, which is classified as Anadheenam land, on land cost of Rs. 100/- per cent by the Tahsildar proceedings, dated 09.05.1967. The assignment was cancelled on 29.4.1980. The land was kept waste till date. The assignee had not engaged in personal cultivation and it is not bonafide one and that it was secured by abuse of office. As against the cancellation, the petitioner filed an appeal before the Commissioner for Land Administration. The Commissioner by an order dated 4.9.1984 had set aside the order passed by the D.R.O and held that the cancellation was not valid. The petitioner was directed to approach the D.R.O to decide the matter. It is at this juncture, he had filed a writ petition before this Court in W.P. No. 7796 of 1987. this Court by an order dated 8.10.1987 had directed the D.R.O to supply the copy of the order passed by him subsequent to the Commissioner order dated 4.9.1984 and that the assignee was given liberty to approach the higher authority. As per the order of this Court, the D.R.O, by his proceedings dated 16.11.1987 held that assignment in belt area can be given only by the Government and the assignment given by the Tahsildar, Chengalpet, dated 9.5.1967 was not valid and hence the assignment was cancelled.