ORDER

This Writ Petition is filed seeking a Writ of Mandamus by directing the

1st respondent to consider the representation of the petitioner dated 16.08.2023 for granting assignment patta in the name of the petitioner for the Panchami (Depressed Class/Land comprised in Survey No.64/3 and 64/4, situated in Viswanathangal Village, Tiruvannamalai Taluk, Tiruvannamalai District.

2. The learned counsel for the petitioner submitted that originally the land is a Panchami land and it was alloted to the father of the petitioner who is the member of Scheduled Caste community. Thereafter, while the petitioner was minor, the petitioner's father sold the property to a 3rd party who is non member of the Scheduled caste community. Since it is a Panchami land, classified as depressed class land and alloted to depressed class, the same cannot be sold to non members of the Depressed Class. Therefore, it was challenged and subsequently, the competent authority cancelled the sale deed executed by the father of the petitioner in favour of the 3rd party and it was restored to its original position and thereafter, it was alloted to the member of the Scheduled Caste community. The learned counsel further submitted that since the petitioner was a minor at the time of executing the sale deed by the petitioner's father to the non member of Scheduled Caste community, the sale itself is not valid and therefore, the assignment land alloted to his father has to be re-assigned to the petitioner.

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

4. Admittedly, the petitioner's father was assigned the subject land and thereafter, the petitioner's father sold the same to a non member of Scheduled Caste community. Since it was a Depressed Class land namely Panchami land, the sale was set aside and the land was recovered from the non member of the Scheduled Caste community and alloted to the member of Scheduled Caste community. Therefore, the petitioner cannot claim as a matter of right since the land was assigned only to the father of the petitioner. It is only the individual property and since the father of the petitioner violated the condition, the petitioner is not entitled to the relief sought for.

5. Accordingly, this Writ Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs.

30.01.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No Neutral Citation Case : Yes/No To

1. The District Collector Office of District Collectorate Tiruvannamalai District

2. The District Revenue Officer Tiruvannamalai District

3. The Tahsildar Tiruvannamalai Taluk Tiruvannamalai District P.VELMURUGAN. J.

Ksa-2

30.01.2024