SRIRAM EDUCATIONAL TRUST Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS Writ Appeal listed today for admission and we heard the learned Senior counsel appearing for the appellant, learned Government Advocate for the respondents 1 to 3 and the learned counsel for the respondents 4 and 5.

(2.) THIS writ appeal is directed against the order dated 22-07-2004 made in W. P. No. 2225 of 2000 by learned single of this Court K. P. Sivasubramaniam, J. The said writ petition was filed by the appellant herein for Writ of Certiorari to call for the records on the file of the first respondent in respect of G. O. Ms. No. 495 dated 16-09-1999 passed by the first respondent rejecting the demand of the appellant/trust to entrust 4 acres of lands along with 12. 25 acres of land comprised in Survey No. 141/2b, Perumalpattu Village, Thiruvallur District.

(3.) LARGER extent of lands comprised in Survey No. 141/2b. The land to an extent of 4 acres in the said Survey No. 141/2b was originally assigned to one Chellappa, an Ex-service man by an Order of the Tahsildar, Thiruvallur dated 10-06-1967. The said assignment was cancelled by the District Revenue Officer by order dated 28-06-1979 stating that the lands were not cultivated for a period of three years and the same was allowed to be encroached; the monthly income of the assignee had not been ascertained; that the assignment was made without evicting the encroachment by the local harijans and local Panchayat had not been consulted. An appeal was filed by the said Chellappa against the cancellation before the Board of Revenue, which was rejected on the ground that the same was filed belatedly. The said Chellappa filed W. P. No. 11704 of 1987 before this Court and obtained interim injunction on 25-11-1987 thereby the cancellation was stayed. The writ petition No. 11704 of 1987 was disposed of on 30-01-1996 setting aside the cancellation and remitted back to District Revenue Officer. The said Chellappa died on 10-02-1996. The District Revenue officer by order dated 14-05-1998 cancelled the assignment on the ground that not furnished proof of cultivation for a period of three years after assignment. The fourth respondent herein, wife of Chellappa filed an appeal before the Commissioner, against the Order of the District Revenue Officer/2nd respondent herein, who, by order dated 03-02-1999 set aside the order of the District Revenue Officer, cancelling the assignment. It is to be kept in view while disposing of the writ Petition No. 11704 of 1987, the learned single judge T. Jayarama Chouta, J has pointed out that the Government has taken a conflicting stand i. e. , on the one hand that the encroachers were in occupation and on the other hand, the assignee has not commenced cultivation within a period of three years; and the second respondent, following the said finding and also on consideration of merits allowed the appeal on 03-02-1999 as stated above.