Assigned panchami land can be reallotted after cancellation, rules HC

Chennai: Once an assignment of a ‘panchami’ govt land is terminated or frustrated by unilateral acts of the assignees, the land loses its character as assigned land and reverts to its baseline status as govt ‘tharisu’ land, making it available for fresh allotment or public distribution in a manner known to law, Madras high court has said. Justice Krishnan Ramasamy made the observation while disposing of a plea moved by R Chandrasekaran and L Saravanakumar challenging the order passed by the Chengalpet revenue divisional officer (RDO).

“In this case, although the land was allotted to people from the scheduled caste (SC) community, with a restrictive covenant against alienation to non-SC/ST individuals, that condition was admittedly breached,” the court said. Once the condition was violated, govt was duty-bound to resume and re-enter the land, but failed to take such steps.

This is not Panchami land, which, by statutory mandate, must be re-allotted only to members of the scheduled castes upon resumption. This land was originally ‘meikkal poramboke’, later reclassified as tharisu, and then assigned to SC individuals.

Once the conditions of that conditional assignment are breached, the land loses its character as assigned land and reverts to normal, unencumbered tharisu land, which is free for general distribution, the judge said. Once the land assumes the character of ordinary tharisu land, it becomes available for regular revenue assessment and patta mutations.

Even if the underlying sale deeds are held to be invalid, the petitioners remain in settled possession of tharisu land, and based on such long-standing possession, the revenue authorities duly mutated the pattas in favour of the subsequent purchasers and, eventually, the petitioners. You Can Also Check: Gold Rate in Chennai | Silver Rate in Chennai | Bank Holidays in Chennai | Public Holidays in Chennai | Chennai AQI | Weather in Chennai | Petrol Price in Chennai | Diesel Price in Chennai | CNG Price in Chennai | LPG Price in Chennai Stay updated with the latest Chennai news.

Key quotes

• “In this case, although the land was allotted to people from the scheduled caste (SC) community, with a restrictive covenant against alienation to non-SC/ST individuals, that condition was admittedly breached,”