CHENNAI: The Madras High Court has held that once an assigned land parcel assumes the character of ordinary ‘tharisu’ land (dry land) upon the violation of assignment conditions, and the government subsequently fails to retrieve it, it becomes available for regular revenue assessment and patta transfer.
Justice Krishnan Ramasamy gave the ruling in a recent order on petitions filed by the purchaser of a parcel of land -- which was originally assigned to Scheduled Caste members after reclassifying it as dry land from grazing land – challenging the order of the jurisdictional revenue divisional officer (RDO) cancelling the patta in the name of the purchasers.
“Once the condition is violated, the government is duty-bound to resume and re-enter the land in terms of Revenue Standing Order 15(4)(1)(4)(iii). The government, however, failed to take any such steps. It is a settled position that once an assignment is terminated or frustrated by the unilateral acts of the assignees, the land loses its character as ‘assigned land’ and reverts to its baseline status as government ‘tharisu’ land, making it available for fresh allotment or public distribution in a manner known to law,” the judge said in the order.
“This is not panchami land, which, by mandate, must strictly be re-allotted only to SC members upon resumption. Once the conditions of that assignment are breached, the land loses its character as assigned land and reverts to normal, unencumbered ‘tharisu’ land, which is free for general distribution,” he added.
Stating that the authorities concerned had not taken any steps to resume the land as soon as the assignment conditions were violated, the judge said that on the contrary, revenue officials issued pattas treating the property as ‘tharisu’ land by acting upon the registered sale deeds and recognising the uninterrupted possession of the parties.
Even if the underlying sale deeds are held 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, he noted.
The judge hence quashed the RDO’s order and directed restoration of the patta issued to the petitioner.
Case background
The land was reclassified as dry land from grazing land based on the application of 14 people from the SC community who were using it for agricultural and dairy farming, and pattas were granted to them in 1985. They, however, had sold it in violation of land non-alienation within ten years of assignment.
After changing hands, the petitioners, Dr R Chandrasekaran of Chennai and L Saravanakumar of Kancheepuram, purchased the land. The Chengalpattu RDO passed the orders on September 23, 2024, to cancel the patta standing in the names of the petitioners stating that the original assignees had sold the land violating the conditions of assignment. Challenging the cancellation of the patta, they approached the high court.