The Madurai Bench of the Madras High Court has imposed a cost of ₹50,000 on a petitioner for filing a petition unnecessarily questioning the welfare scheme implemented for the benefit of the Scheduled Castes and the Scheduled Tribes.
The court was hearing the petition filed by K. Amalraj who challenged Clause 4(d) in the G.O. issued in 2021 by the Revenue and Disaster Management Department.
Free housesite pattas were granted to the Scheduled Castes and the Scheduled Tribes. In the present case, the scheme was being implemented in Kattuparamakudi in Ramanathapuram district. Free housesite pattas were granted to eligible Adi Dravidar people.
The petitioner said as per the condition imposed in clause 4(d) of the G.O. the beneficiaries are prevented from selling the property within 10 years. Even after this period the property must be sold to the Scheduled Castes and the Scheduled Tribes. He said such a condition amounted to discrimination and should be declared void.
A Division Bench of Justices S.M. Subramaniam and A.D. Maria Clete observed that the special scheme was implemented for the benefit of the Scheduled Castes and the Scheduled Tribes. Some special conditions were imposed to protect the interest of the beneficiaries.
Free housesites were allotted for dwelling purposes and the idea of the government was that the livelihood of the people should be protected. In the event of not imposing any conditions, there was a likelihood of the free housesites being sold to third parties which would defeat the very purpose and objective of the welfare scheme of the government, the court observed.
The conditions were imposed to meet the objective of the special scheme. It cannot be construed as discriminatory. Clause 4(d) stipulates that after the conditional assignment period of 10 years is over, the beneficiary can sell the land to another SC/ST person only and not to anybody else, the court observed.
The court observed that the intention of the welfare scheme was to ensure that such land acquired and allotted to the Scheduled Castes and the Scheduled Tribes must be occupied by the people from the same community.
Ramanathapuram District Adi-Dravidar Welfare Department submitted that the petitioner was a real estate broker and the petition was filed for personal gains.
The court dismissed the petition and directed the petitioner to pay the cost to Ramanathapuram District Adi Dravidar Welfare Officer who in turn shall utilise the funds for providing basic amenities to the Adi Dravidar Welfare High School in Sengapadai in Kamuthi in Ramanathapuram district.
Published – August 18, 2025 09:01 pm IST
