1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.04.2011 CORAM: THE HON'BLE MS. JUSTICE K. SUGUNA AND THE HON'BLE MR. JUSTICE A. ARUMUGHASWAMY W.A. (MD) No.432 of 2011 & M.P. (MD) No.1 of 2011 W.A. (MD) No.433 of 2011 & M.P. (MD) No.1 of 2011 K. Senthilkumar :Appellant in WA No.432 of 2011 Balakrishnan :Appellant in WA No.433 of 2011 -vs- 1.The District Revenue Officer, Sivagangai. 2.The Revenue Divisional Officer, Sivagangai. 3.The Tahsildar, Manamadurai Taluk, Sivagangai District. :Respondents in both the W.As. Writ Appeals filed under Clause 15 of the Letters Patent challenging the common order dated 14.03.2011 passed in W.P. (MD) Nos.13697 and 13698 of 2010. WP(MD)Nos.13697 & 13698/2010 and MP(MD)Nos.1/2010 Prayer:Writ Petitions filed under article 226 of the Constitution of India to issue writs of certiorari to call for the records relating to the first respondent in proceedings in Na.Ka.No.C2/19709/2007(1) and Na.Ka.No.C2/19709/2007 dated 31.08.2010 confirming the order of the second respondent in proceedings in Na.Ka.No.A7/4591/2006 dated 27.02.2007 cancelling the assignment of house sited made in favour of the petitioners bearing Survey No.699/46 to an extent of 0.00.33 and 0.00.34 Sq.Mtres respectively at Kondhakai Village, Manamadurai Taluk, Sivagangai District. For appellant in both the appeals :Mr.T.K.Gopalan For respondents in both the appeals:Mr.M.Rajarajan Government Advocate COMMON JUDGMENT (Common judgment of the Court was delivered by K. SUGUNA, J.) These writ appeals are filed challenging the common order dated 14.03.2011 passed in W.P. (MD) Nos.13697 and 13698 of 2010. 2.The above said writ petitions were filed challenging the order dated 31.08.2010 passed by the first respondent by which the lands assigned to the writ petitioners were cancelled. https://hcservices.ecourts.gov.in/hcservices/ 2 3.The stand taken by the learned counsel for the appellants/writ petitioners is that before passing the order impugned in the writ petitions, the appellants/writ petitioners were not provided with sufficient opportunity. We are not able to accept this stand of the learned counsel for the appellants/writ petitioners. At paragraph no.3 of the order dated 31.08.2010 passed by the first respondent which is enclosed at page no.9 of the typed set of papers, it has been specifically stated that after notice, an enquiry was conducted and in that enquiry, the petitioner had also participated and deposed. 4.The grievance of the appellants/writ petitioners is that no enquiry was conducted by the concerned officer. When a specific question was put to the learned counsel for the appellants/writ petitioners as to whether such a ground has been taken, the learned counsel for the appellants/writ petitioners is not able to lay his hands on any particular portion of the affidavit filed or in any other connected records. Consequently, we are not able to accept this stand of the learned counsel for the appellants/writ petitioners. 5.Apart from this, according to the learned counsel for the appellants/writ petitioners, the appellants/writ petitioners are in need of the said land assigned to them to have ingress and egress to their property. As far as this submission of the learned counsel for the appellants/writ petitioners is concerned, sitting under Article 226 of the Constitution of India, we cannot go into this aspect. Besides, the reason given in the orders impugned in the writ petitions is that already, the appellants/writ petitioners own a land, consequently, they are not entitled to get assignment of the lands in question. For all the aforesaid reasons, we do not find any infirmity in the common order passed by the learned Single Judge. Consequently, confirming the order passed by the learned Single Judge, these writ appeals are dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (CO) / TRUE COPY / Sub Assistant Registrar To: 1.The District Revenue Officer, Sivagangai. 2.The Revenue Divisional Officer, Sivagangai. 3.The Tahsildar, Manamadurai Taluk, Sivagangai District. +1CC to Mr.T.K.Gopalan, Advocate. SR.No.13861. +1CC to The Special Government Pleader. SR.No.14291. Cad/RP/21.06.2011/2P/6C. WA(MD)Nos.432 and 433 of 2011,18.04.2011 https://hcservices.ecourts.gov.in/hcservices/