WA/3206/2026 of C. Murugan Vs THE DISTRICT COLLECTOR on 12 October 2026

JUDGMENT

(Judgment of the Court was delivered by S.M.Subramaniam J.) Under assail is the writ order dated 04.03.2024 passed in W.P.No.7995 of 2023.

2. The order passed by the Revenue Divisional Officer, Tiruppur, dated 10.10.2022, came to be challenged in the writ petition.

3. Learned Counsel for the Appellant, Mr. Thamarai Selvan, would vehemently contend that appellant is entitled to hold the property, since he belongs to the Depressed Class Community. Appellant is in possession and enjoyment of the property and several documents were registered in respect of the subject property. Therefore, enquiry conducted by the Revenue Divisional Officer is perverse and the writ order is also to be set aside. He would contend that no proper enquiry was conducted nor opportunity was afforded to the Appellant to defend his case.

4. Learned Government Advocate would oppose by stating that order per se would show that an enquiry was conducted after affording opportunity to the parties. The Revenue Divisional Officer made a finding that the land is classified as Depressed Class Community Land and it is

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to be assigned only in favour of the eligible persons belonging to the Depressed Class Community. The authorities found that Appellant do not belong to the Depressed Class Community and several transactions are made contrary to the terms and conditions stipulated in the original assignment order made in favour of a Depressed Class Community person.

5. The land is classified as Government poromboke. Pertinently, the Depressed Class Land was allotted in favour of an eligible person originally. Since terms and conditions stipulated in the assignment was violated, authorities have cancelled the assignment vide order dated 27.07.2023. The cancellation order remains unchallenged.

6. While so, application filed before the Revenue Divisional Officer was considered and an enquiry was conducted. During the course of enquiry, the Revenue Divisional Officer found that the Appellant do not belong to the Depressed Class Community and that apart the cancellation order remains unchallenged.

7. The Writ Court, while considering the issues, made a finding that as per the conditions stipulated in the assignment order, an assignee should not alienate or encumber the property to any party for a period of

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10 years. That apart, the assignee has to cultivate the land for the survival of the assignee. In the present case, the authorities found that the assigned land was not under cultivation for more than 3 years. Thus, the assignment was cancelled vide proceedings dated 27.07.2023.

8. Admittedly, the Appellant was a purchaser. Appellant purchased the land in the year 2022. Therefore, he is not the original assignee. The authorities found that the original assignee had violated the conditions stipulated in the assignment order and the assignment was cancelled. Appellant, as a purchaser had not challenged the cancellation. Therefore, the alienation of the land in favour of the Appellant itself is null and void.

9. The writ Court also categorically made a finding that the cancellation order has not been challenged and the writ petition has been filed challenging the order of the Revenue Divisional Officer on certain grounds. Appellant did not establish any title in respect of the land in question. Therefore, the writ Court has dismissed the writ petition.

10. Even presuming that Appellant belongs to depressed class community, he purchased the land in the year 2022. The authorities

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found that land assigned was not under cultivation for more than three years and in violation of the condition, the original assignee alienated the land. Therefore, the assignment was cancelled and when the original assignee lost his right, any subsequent purchaser cannot claim right over the land.

11. This being the factum, this Court does not find any infirmity in respect of the writ order impugned. If at all the vendor to Appellant has fraudulently sold the property, Appellant is at liberty to prosecute the vendor in the manner known to law. Consequently, the writ appeal stands dismissed. No costs. The connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (R.R.V.,J.) 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD

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To

1. The District Collector Thirupur Collectrate, Thiruppur.

2. The District Revenue Officer Thirupur Collectrate, Thirupur.

3. The Revenue Divisional Officer Tirupur District, Tirupur.

4. The Thasildar Avinashi, Tiruppur Dt.

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S.M.SUBRAMANIAM, J. AND R.RAJESH VIVEKANANTHAN, J. GD WA No. 3206 of 2026 15-10-2026

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