Panchami property cannot be sold

Published: 13th November 2012 12:03 PM  |   Last Updated: 13th November 2012 12:03 PM   |  A+A-

High-Cour

Panchami land given to the depressed class persons cannot be sold by a person belonging to other community (other than a scheduled caste) even to a person belonging to Scheduled caste, the Madras High Court has held.

Justice N Paul Vasanthakumar made the ruling while dismissing a petition from M Gunasekaran, who sought to direct the Sub-Registrar, Nemilli, Arakonam taluk in Vellore, to register the instrument of sale deed presented by him.

Petitioner, belonging to scheduled caste community, intended to purchase from one K Vimalraj a house plot measuring 1840 sq.ft in Nemilli Panchayat union. Vimalraj, a non-dalit, somehow acquired the right over the property by a sale deed dated March 9, 2007 registered with the Sub-Registrar-II, Arakonam. Petitioner proposed to buy the property.  But when the document was presented for registration, the Sub-Registrar refused to register the same. Hence, the present petition.

Additional government pleader P Sanjay Gandhi submitted that the Sub-Registrar refused to register the document since the said vendor Vimalraj had somehow acquired the property and did not belong to SC.

The property could be conveyed only to a scheduled caste person. The judge said that the fact that vendor Vimalraj belonged to a non-SC community was not disputed by the petitioner.

The issue as to whether the Panchami land given to the depressed class person could be sold to a person from another community was considered by a division bench and it was held that the restriction not to sell the Panchami lands to other than depressed community people was upheld.

Stay up to date on all the latest Chennai news with The New Indian Express App. Download now
(Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.)

Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

facebook twitter whatsapp