DHIRAVIAM Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) THE prayer in the writ petition is to quash the order passed by the first respondent in Na.Ka.4184/2013/B1 dated 01.11.2013 and consequently to direct the respondents to re -assign the land in S.Nos.356/1, Old No. 624/A, Punja land to an extent of 0.83.0 hectare and the land in S.No. 356/3, Old No. 624/A to an extent of 0.55.0 hectare in Karumandichellipalayam, Revenue Village, Perundurai Taluk, Erode District to the legal heirs of the original assignee.

(2.) THE case of the petitioner is that the lands in question were originally allotted to the petitioner's father and after the death of her father, the same was in the possession of the petitioner and she was earning her livelihood by cultivating in the said lands. However, the respondents re -possessed the said land. Hence, the petitioner made a representation to the respondents. Since the same was not considered the petitioner earlier filed a Writ Petition in W.P.No. 10646 of 2013 seeking to consider her representation and for re -assignment of the land. However, the respondent while considering the representation as per the order passed by this Court has passed the impugned rejection order. Hence, the present writ petition challenging the same.

(3.) LEARNED Additional Government Pleader appearing on behalf of the respondents brought to the notice of this Court that the original assignee transferred the land to a person of another community in violation of the conditions of assignment. He would further state that this Court in the earlier W.P.No. 10646 of 2013 by order dated 26.06.2013 had categorically rejected the claim of re -assignment of the lands on the ground that the original allottee breached the condition and the same was not challenged by the petitioner. However, the petitioner was given liberty to approach the Revenue Divisional Officer requesting for fresh assignment. Pursuant to the same, the petitioner has approached the authority, who has passed the present impugned order. He would also submit that the possession of the lands have been taken over for construction of a Polytechnic College for the benefit of the Scheduled Caste and Scheduled Tribe community students in and around that area. In view of the above, according to the learned Additional Government Pleader, the writ petition at this stage is not maintainable and accordingly, he would pray for the dismissal of the same.