O R D E R

This Writ Petition is filed for issuance of Writ of Certiorarified Mandamus to quash the impugned order passed by the 2nd respondent in proceedings No.O.Mu.Aa.6/4170/2019, dated 08.08.2019 and for consequential direction to the 2nd respondent to change over the Patta in favour of him in respect of the land situated in D.S.No.393/2, Marudhampakkam Village, Walaja Taluk, Vellore District.

2. The grievance of the petitioner is that he purchased the property in question by way of Court auction, and the District Munsif Court issued Sale Certificate on 16.03.2007. After obtaining the sale certificate, he approached the respondents on 27.08.2018 requesting to issue Patta and no Patta has been issued to him. However, the 2nd respondent/Tahsildar informed the petitioner that the land belongs to the scheduled caste community, and the Court brought it for public auction in respect of the property in question that belongs to one Subramani, who is hailing from Vanniyar Community, who purchased the above said land from one Robert of Christian Community and the said two sales were executed by way of registered sale deeds in the year 1991 and 1995. Subsequently, the said Subramani borrowed loan amount and the creditor approached the civil Court, obtained decree and filed execution proceedings for bringing the said Subramani's land for public auction. When the petitioner attempted to transfer Patta in his name from one Subramani by producing the Court Sale Certificates, the 2nd respondent/Tahsildar was not inclined to change over Patta in respect of the property in question. Earlier, this Court directed the 2nd respondent in WP.No.24397/2018 to consider the petitioner's application and the same was rejected, vide Proceedings No. O.Mu.Aa6/4170/2019, dated 08.08.2019, since the land is De-notified Community land. Therefore, the petitioner has come forward with the present writ petition under Article 226 of the Constitution of India for the relief stated supra.

3. Heard both sides and perused the materials available on record.

4. It is seen that the petitioner challenged the impugned order stating that the petitioner had purchased the property after filing application for transfer of Patta. The 2nd respondent/Tahsildar, who has been arrayed as the second respondent herein, has refused to issue Patta and passed the impugned order stating that the land is depressed class community land and therefore, the same was assigned to depressed class communities. The petitioner is not a member of the depressed class community. Therefore, the Panchami/Denotified Community land cannot be re-classified as non-Panchami land or non-depressed class community land, non-depressed class persons have purchased the property and taking the property from the depressed class persons and that the alienation will not be valid and the persons who are not depressed class persons are not entitled for the Patta land classification, as either Panchami land or depressed class community land. Now, admittedly, the petitioner is not a depressed class community and therefore, the petitioner is not entitled to get Patta for the Panchami/Denotified Communities land. Therefore, this Court does not find any error or any illegality in the impugned order passed by the 2nd respondent. The petitioner is not entitled to the relief sought for in this writ petition.

5. Accordingly, the writ petition is dismissed. No costs.

Consequently, connected Miscellaneous Petition is closed.

12.03.2024 Index:Yes / No Internet: Yes / No Speaking / Non-Speaking order MSM

1. The District Collector Vellore District, Vellore.

2.The Tahsildar Walajapet Taluk, Walajapet, Vellore District.

P, VELMURUGAN, J MSM

12.03.2024