The Panchami land assigned to the Dalits as a conditional assignment, if violated, can empower the Government to resume those lands and entrust them to another beneficiary belonging to the Dalit community.

These writ petitions are filed by a resident Welfare Association and a private Housing Company as well as several individuals to restrain the respondents from resuming the lands allegedly in possession of the petitioners and their members in Keeranatham Village coming under the Sarkar Samakulam Panchayat Union and Malumachampatti Village, Coimbatore South, Coimbatore District.

.2. In all these cases, admittedly, the survey numbers referred to by them were all pertaining to the lands allotted to the members of the Scheduled Caste community in that area, in terms of the Revenue Board Standing Order No.15, which are all conditional assignments. The condition being that the same cannot be alienated by any other person and in case of any alienation for reasons other than mentioned in the conditions of allotment, the Government has power to resume such lands.

3. These lands were otherwise known as Panchami lands or Depressed Classes lands (i.e. DC lands). It is claimed by the petitioners that there was no bar for such allotment and they have purchased the land from various persons, who inherited from the original assignees. After forming a society and after getting the opinion of a local Government Pleader, the lands were purchased. Layouts were made for constructing houses to their members and different petitioners. If at this stage, the lands are taken over possession, they will be put to grave hardship.

4. An Housing Company, which is a petitioner in W.P.No.15171 of 1996 had also made similar averments. It is claimed that even the Sub-Collector, Coimbatore had stated that since thirty years have gone from the dates of conditional assignments, they do not require any No Objection Certificate from the governmental authorities for purchasing the land. Pursuant to the same, layouts were made by them. Therefore, the respondents should be restrained from resuming the said lands. A Proceedings dated 25. 1973 issued by the Board of Revenue was also relied upon by showing that in that case, the prescription of 30 years limitation was mentioned by the Board. Reliance was also placed upon the order of this Court in W.P.Nos.15861 and 16234 of 1996, dated 22. 2005, in which this Court had directed to prefer regular appeals before the appellate authority against impugned orders, if any.

5. Mr. V.R. Venkataraman, learned Senior Counsel appearing for some of the petitioners submitted that by the conditional assignment it is not as if the lands can never be alienated. The restriction against alienation was only for a period of 10 years and thereafter there is no restriction for alienation. He also submitted that such a condition of assignment not permitting any alienation will be illegal and contrary to the provisions of the Transfer of Property Act. The learned Senior Counsel also placed reliance upon the two judgments of this Court in R. Ramanathan and others -vs-State of Tamil Nadu reported in ILR (1998) 1 Madras 1960) and R. Abdul Jabbar and five others -vs- State of Tamil Nadu reported in 1996 (II) CTC 719.

.6. In the first case, the resumption of land was dropped by earlier proceedings and it was held that the initiation of fresh proceedings will amount to an estoppel. In the second case, the conditional assignment, if violated, the resumption of land and cancellation of assignment without notice and opportunity to the purchasers were held to be violative of the principles of natural justice. The same arguments were adopted by Mr. Kalyanasundaram, learned counsel for one of the petitioners.

7. Before considering the submission made by the learned counsel for the petitioners, it is necessary to refer to the history of allotment of Panchami land to the Dalits by the Government. Such allotments came to be made by the colonial Government after coming to know the plight of the members of the Scheduled Castes in this State. The atrocities against the dalits which are of common occurrence throughout India are well described in the