KALIAMMAL Vs. PRINCIPLE SECRETARY AND

JUDGEMENT

(1.) This Writ Petition has been filed praying for issuance of a Writ of Certiorari, to call for the records relating to the order passed by respondents 1 and 2 in RC.No.G2/23185/2008 dated 12.05.2009 and in P.M.(14)71936/95 dated 11.03.1998 respectively and quash the same. By the said impugned order, the lands allotted to the allottee was cancelled. Challenging the same, this Writ Petition has been filed.

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

(3.) Per contra, a counter affidavit has been filed by the respondents stating that originally, the lands in question was assigned to one Gopala Krishnan, who is the then karnam of the village, as per the order of the Special Tahsildar (Assignment) Sivakasi in D.C.No.198/80 dated 23.08.1970. Immediately, after assignment, A.K.D.Balarama Raja, the managing trustee and the correspondent of A.K.D.Dharma Raja Education Charity Trust in his petition addressed to the District Collector objected the assignment stating that the lands in North Venganallur had been proposed and earmarked for construction of Women's college by the Trust and requested to cancel the assignment. On the representation of the Trust, the District Revenue Officer of erstwhile Ramanathapuram District inspected the land and observed that the land in question is not fit for cultivation. Further, one Gopala Krishnan, the karnam of that village who was the assignee, was also examined. He also expressed that he has no objection to the cancellation of the said assignment of the lands in question. Hence, the assignment was cancelled after following due process of law. After cancellation of assignment, the land was ordered to be entered into Prohibitory Order Book by the Collector vide his proceedings dated 07.12.1971 as it is required for public purposes.