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2010 Supreme(Mad) 1524

P.P.S.JANARTHANA RAJA, PRABHA SRIDEVAN
V. G. P. Prem Nagar Minvariya Kudi Erupor Nala Sangam & Another – Appellant
Versus
The State of Tamil Nadu, represented by the Secretary to Government & Others – Respondent


Advocates Appeared:
For the Appellants :V.R.Venkataraman Senior Counsel for Mr.S.Baskaran, Advocate.
For the Respondents: R1 to 6, K.Balasubramanian, Special Government Pleader.

Judgment :-

Prabha Sridevan, J.

The Panchami Lands or lands assigned to the depressed classes have been alienated to others violating the conditions. The appellants are the persons in possession now. According to them, the Government cannot resume the lands. The learned single Judge held that all the lands which are subject matter of these writ petitions filed by a Private Housing Company were lands allotted to the members of the Scheduled Caste Community, subject to the conditions as per Standing Order No.15 of the Board of Revenue. The conditions are that the lands cannot be alienated to any person for ten years from the date of assignment and thereafter, they can only be alienated to a person belonging to the depressed classes and if they are so alienated to persons other than the depressed classes, the Government has the power to resume such land.

2. Learned senior counsel submitted that such a restraint on alienation was void. He submitted that the decisions relied on by the learned Single Judge were based on Karnataka State Acts which had a specific provision. Those cases cannot be applied to the present case, since our State does not have a separate Act dealing with the subjec
































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