Madras High Court
WP/40049/2026 of M.MUNUSAMY Vs THE PRESIDENT on 1 October 2026
WP No. 40049 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-10-2026
CORAM
THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY
WP No. 40049 of 2026
CNR:{HCMA012345632026}
AND
WMP NO. 44965 OF 2026
1. M.Munusamy
S/o. Mottaiyan,
Attipadi Village and Post,
Uthangarai Taluk, Krishnagiri District.
2. M. Mani,
S/o. Mottaiyan,
Attipadi Village and Post,
Uthangarai Taluk, Krishnagiri District.
..Petitioner(s)
Vs
1. The President
The Tamil Nadu State Commission for Adi
Dravidar and Tribal Communities,
LLA Building, and Second Floor,
Near Thousand Lights Metro,
No.735, Anna Salai, Chennai-600 002
2. The Secretary to Government,
Adi Dravidar and Tribal Welfare (SC/ST)
Department,
Secretariat, Chepauk, Chennai.
3. The District Collector,
District Collectorate,
Dharmapuri District.
4. The District Adi Daravidar Welfare Officer District Adi Dravidar Welfare Office, Dharmapuri District.
5. the District Revenue Divisional Officer District Revenue Divisional Office, Dharmapuri District.
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WP No. 40049 of 2026
6. The Special Tahsildar (Adi Dravidar Welfare)
Special Tahsildar Office,
Arur, Dharmapuri District.
7. The Revenue Divisional Officer
Revenue Divisional Office,
Arur, Dharmapuri District.
..Respondent(s)
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus directing the Respondents to consider and dispose of the petitioners representation dated 10.03.2025, the proceedings of the 4th Respondent in Na.Ka.No.7896/2025/Ko-1, dated 25.03.2025 within a time frame fixed by this Court For Petitioner(s):
Mr. T.Panchatsaram
For Respondent(s):
Mr.B.Pachaiyappan, Additional Government Pleader
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Order
This Writ Petition has been filed seeking a direction to the respondents to consider and dispose of the petitioners’ representation concerning their ancestral land in S.F.Nos. 51/6 and 52/1 situated at Palayam Village, Harur Taluk, Dharmapuri District, which is stated to be Adi Dravidar assigned land.
2. The petitioners belong to the Adi Dravidar community. The petitioner’s grandfather was the original assignee of approximately 5 acres of land in the subject property. About 30 years ago, one Settu Goundar obtained
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possession of the land on the pretext of a lease and subsequently handed it over to the Adi Dravidar Welfare Department without the knowledge of the petitioner’s grandfather. When the petitioners’ family approached the then 3rd respondent, they were informed that the lands belonging to about 100 persons had been acquired for the construction of a housing colony. However, the said plan was subsequently dropped, and the lands were restored to the respective landholders. Despite this, the petitioners’ land was not restored. The petitioners made a series of representations, culminating in the last representation dated 10.03.2025 to the respondents, seeking restoration of the land, or alternatively, the payment of compensation determined by the Government along with employment assistance for an eligible member of the family, if physical restoration of the land was not legally feasible. Pursuant to the said representation, an enquiry was conducted; however, no final orders have been passed to date. Hence, the petitioners have filed the present writ petition.
3. The learned Additional Government Pleader appearing for the respondents submitted that in blatant violation of the terms and conditions of the assignment, the petitioners’ grandfather had sold the land to third parties, and the petitioners are now attempting to recover and regain possession through this petition.
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4. Heard both sides and perused the materials available on record.
5. In the event of a violation of assignment conditions, the land must revert to the Government in terms of Revenue Standing Order (RSO) 15(41)(4)
(iii) . A perusal of the aforementioned RSO clarifies that upon any violation of the terms and conditions governing an allotment made to persons belonging to the Scheduled Caste community, the land shall be resumed by the Government, and the State shall be entitled to re-enter and take possession of the same, free from all encumbrances. It is a settled legal position that once an assignment is terminated or frustrated by the unilateral acts of the assignee, the land loses its character as 'assigned land' and reverts to its baseline status as Government Tharisu (wasteland) land, making it available for fresh allotment or public distribution in a manner known to law.
6. Currently, it appears that third parties have been in possession of the property for more than 15 years, cultivating the land, and certain rights have been created in their favour under the RSO. Since the land has reverted to the status of Tharisu land and subsequent rights regarding patta have been created under RSO 15, no direction can be issued to the respondents to hand over possession to the petitioners. Furthermore, the petitioners lose all legal rights over the property once the grandfather violates the structural conditions of the initial assignment.
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7. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, W.M.P.No. 44965 of 2026 is ordered, subject to the payment of separate Court fee. 01-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SK To
1. The President The Tamil Nadu State Commission for Adi Dravidar and Tribal Communities, LLA Building, and Second Floor, Near Thousand Lights Metro, No.735, Anna Salai, Chennai-600 002
2. The Secretary to Government, Adi Dravidar and Tribal Welfare (SC/ST) Department, Secretariat, Chepauk, Chennai.
3. The District Collector, District Collectorate, Dharmapuri District.
4. The District Adi Daravidar Welfare Officer District Adi Dravidar Welfare Office, Dharmapuri District.
5. the District Revenue Divisional Officer District Revenue Divisional Office, Dharmapuri District.
6. The Special Tahsildar (Adi Dravidar Welfare) Special Tahsildar Office, Arur, Dharmapuri District.
7. The Revenue Divisional Officer
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Revenue Divisional Office, Arur, Dharmapuri District.
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KRISHNAN RAMASAMY J. SK WP No. 40049 of 2026 AND WMP NO. 44965 OF 2026 01-10-2026
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