Madras High Court
WA/3144/2026 of Khadhar Ali Vs The District Collector on 13 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-10-2026
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
W.A.No.3144 of 2026
CNR:{HCMA011801442025}
AND
C.M.P.No.27883 of 2026
1. Khadhar Ali
2. Halima Bee
… Appellants
-vs-
1. The District Collector,
District Collectorate,
Perambalur – 12.
2. The District Revenue Officer,
Master Plan Complex, Perambalur
Collector Office Road, Perambalur - 12.
3. The Revenue Divisional Officer,
Revenue Divisional Office,
Madarasa Road, Perambalur - 12.
4. The Revenue Tahsildar,
Taluk Office, Veppanthattai,
Perambalur - 116.
5. Dubail Ahamed
… Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order passed in W.P.No.33252 of 2024 dated 18.11.2024 and to allow the Writ appeal.
For Appellants:
Mr.G.Ilamurugu
For Respondents:
Mr.B.Sivakollappan, AGP for R1 to R4
Mr.D.Ravichander
For Mr.P.DINESH KUMAR
and Mr.K.Mohammed Hydher Ali
*****
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J U D G M E N T
(Judgment of the Court was delivered by S.M.Subramaniam,J.) The present Intra Court Appeal has been filed, challenging Writ Order dated 18.11.2024 passed in W.P.No.33252 of 2024.
2. A portion of the land measuring 00112 sq.mtr. in S.No.492/7, Vishwakudi Village, Veppanthattai Taluk, Perambalur District was assigned in favour of appellant on 02.12.2022. Appellants violated the condition by not putting construction within the stipulated period of six months.
3. That apart, learned Additional Government Pleader appearing for R1 to R4 would bring it to the notice of this Court the order of cancellation of assignment, passed by District Revenue Officer (DRO), which would show that appellants are owning larger extent of land in that locality and therefore, they are not eligible for assignment of Government land at free of cost. Several other reasons have also been stated for cancelling the assignment granted in the year 2022.
4. Learned counsel for appellants would submit that assignment was erroneously granted and Appellants are the owners of subject property and Civil Suit has also been instituted in O.S.No.35 of 2023, which is pending on the file of District Munsif, Veppanthattai, Perambalur District.
5. Learned counsel for R5 would submit that the suit has been instituted for bare injunction, in which R5 is a defendant. The sale deed relied upon by appellants is in no way connected with the assigned land and survey numbers are different.
6. This Court is of the considered view that assignment of Government land at free of cost can at no circumstances be claimed as a vested right. Assignment of land is to be made to homeless poor people to protect their livelihood and by following terms and conditions stipulated in the Revenue Standing Orders. Violation of terms and conditions of assignment would entail Authorities to cancel the same.
7. In the present case, Authorities subsequently found that appellants are owning land in that locality and therefore, they are not eligible for assignment of Government land at free of cost. Pertinently, conditions stipulated in the order of assignment have also been violated.
S.M.SUBRAMANIAM,J. AND R.RAJESH VIVEKANANTHAN,J. AR For all these reasons, Writ Court rightly dismissed the Writ Petition. This Court does not find any further ground to interfere with the order of Writ Court. Consequently, the present Writ Appeal is dismissed. No costs. Connected Miscellaneous Petition is closed. (S.M.S.,J.) (R.R.V.,J.) 13-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AR To:
1. The District Collector, District Collectorate,
2. The District Revenue Officer, Master Plan Complex, Perambalur Collector Office Road, Perambalur - 12.
3. The Revenue Divisional Officer, Revenue Divisional Office, Madarasa Road, Perambalur - 12.
4. The Revenue Tahsildar, Taluk Office, Veppanthattai,