K KRISHNAN Vs. SPECIAL COMMISSIONER AND COMMISSIONER OF LAND ADMINISTRATION LAND ADMINISTRATION DEPARTMENT

JUDGEMENT

(1.) THE petitioner has come forward with this writ petition praying for a Writ of Certiorarified Mandamus calling for the records in Rc. K1/12524/2005 dated 01. 06. 2005 on the file of the first respondent and quash the same as illegal, arbitrary and against law and restore the order of the second and third respondents dated 20. 07. 2000 in Mu. Mu. (A2) 1138/2000

(2.) THE case of the petitioner is as follows:-

(3.) MRS. Hema Sampath, learned Senior counsel appearing for the petitioner submitted that the petitioner has purchased the petition mentioned property on 27. 11. 1970 and considering his continuous possession only, the Assistant Settlement Officer had issued patta in his name and reclassification was ordered in favour of the petitioner and later the regular Tahsildar issued patta as such, it is not open to the first respondent to invoke his suo motu power canceled the reclassification; that the notice was served on the petitioner seeking assistance of a Bank Manager, which is unusual and strange; that the hearing was held within six days from the date of notice, hence, the petitioner unable to file objections referring to various documents relating to more than 30 years, thus, the first respondent has passed the impugned order on the next day i. e. , 01. 06. 2005 hurriedly without affording sufficient opportunity to the petitioner. In any event, the impugned order is not a valid order as the first respondent has no jurisdiction to invoke suo motu powers and prayed for quashing of the same.