Madras High Court
V.D.S.R.Re.Rolling Mill vs The Special Commissioner And ... on 10 July, 2012
10. Per contra, taking this Court through the contents of the grant, Mr.K.V.Dhanapalan, learned Additional Government Pleader submitted that lands assigned to the members of the Scheduled Caste community, cannot be sold or gifted or mortgaged or leased out to any other person, other than a member, belonging to the Scheduled Caste community and if done, then the competent authority is empowered to cancel the assignment and resume such lands, assigned to the landless persons, belonging to the abovesaid community.
11. Learned Additional Government Pleader submitted that no alienation is permissible within 10 years from the date of assignment, to a member of the Scheduled Caste community, without prior permission from the competent authority and instructions have been issued by the Government that if any, alienation is made, after 10 years from the date of assignment to any member, belonging the Scheduled Caste community, subject to the permission granted by the competent authority, and if any consequential request for mutation in the revenue records, viz., change of patta, is made, then the Tahsildar/Revenue Divisional Officer, should inspect the subject lands and pass appropriate orders.
125. Even as per the petitioner's averments made in the supporting additional affidavit, the land was originally classified as "Tharisu" and therefore, after cancellation of the assignment, it has been reverted to its original position as "Tharisu" and thus become Government lands. It should be noted that lands described as "Tharisu' or Government lands or lands, exclusively reserved for assignment to Scheduled Castes, are assigned to the members of the depressed class. It cannot be contended that the lands reserved for Scheduled Caste alone can be assigned and not other kinds of lands. Once it is assigned to a member of the Scheduled Caste, it becomes reserved and in the light of the conditions of grant and the legal pronouncements of the Supreme Court, it is meant to be permanently possessed and enjoyed by a member of such community only, and alienation to others is not permissible.