T TIRUMALAI GOUNDER Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) SEEKING Certiorarified Mandamus to quash the order of the 2nd Respondent dated 16. 9. 2004 bearing Rc. No. G1/13539/2001, Petitioners have filed this Writ Petition.

(2.) BRIEF facts which led to the filing of Writ Petition are as follows:-Land in S. No. 120/2b measuring 5. 00 acres in Nallathur village of Kallakurichi Taluk was assigned to one Ramasamy, son of Ayyan as per the Proceedings of Special Deputy Tahsildar, Kallakurichi in DKT 1522/1367 dated 18. 10. 1959. Assigned land was sold by the assignee in favour of Dhanabackiam and Patta was transferred in her name in the year 1962. Dhanabackiam in turn sold the land in favour of one Kandasamy under registered sale deed dated 16/3/1966 and that further sale was made in favour of 1st Writ Petitioner-Thirumalai Gounder under registered sale deed dated 16/5/1967. 5th Respondent Angamuthu and three others have filed a Petition before Revenue Divisional Officer (for short RDO), Villupuram on 08. 01. 1988 claiming right over the assigned land. After giving opportunity to both parties, RDO, Villupuram passed order in Proceedings No. A4/1791/88 dated 31/12/1990 cancelling the assignment.

(3.) AGGRIEVED by the above order, 1st Writ Petitioner filed an appeal before the District Revenue Officer (DRO), South Arcot. DRO in his Proceedings R. Dis. (VI) 13547/91 dated 29. 10. 1991 confirmed the orders of RDO. However, request of the 1st Writ Petitioner was considered on humanitarian ground as he had invested huge amount for reclamation of assigned land. RDO, Virudhachalam was directed that land may be assigned on collection of land cost considering the eligibility of the applicant.