K. DESIKAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has approached this Court with a prayer for issuance of a writ in the nature of certiorari, to quash the show cause notice dated 7.4.2008 issued by the Special Commissioner and Commissioner of Land Reforms, Chepauk, Chennai under Rule 11(3)(b) of the Tamil Nadu Land Reforms (Disposal of Surplus Land) Rules, 1965. The impugned show cause notice reads as under:

(2.) It is submitted, that the excess land of big owners was assigned to the tenant over the land, who fell in Category-I of the allottees. However, the allottee failed to pay the installment, therefore, proprietary rights could not be transferred. The tenant died before the proprietary rights could be conferred on him. The respondents accordingly cancelled the assignment dated 23.3.1976.

(3.) The father of petitioner was a landless labourer, therefore fell in Category-II of the scheme for allotment of surplus land. After cancellation of the assignment in favour of the tenant, the land was assigned in favour of the father of petitioner. The father of petitioner paid all the installments and consequently was conferred with the proprietary rights. The patta of the land was also issued in favour of the father of petitioner.