The Madras High Court Bench here on Thursday directed the State government to conduct a State-wide survey to find out the extent of Panchami lands available and the extent under occupation by people other than those belonging to the Scheduled Castes in contravention of the condition for allotment of such lands.
A Division Bench of Justices A. Selvam and N. Authinathan issued the direction on a public interest litigation petition filed by C. Perarivalan, organising secretary of Tamil Puligal Movement, with a plea to direct the government to retrieve Panchami lands from illegal occupation.
The judges ordered that the government’s report on the survey should be submitted in the court by April 17. The petitioner’s counsel, R. Alagumani, said information obtained under the Right to Information Act, 2005 revealed that a large extent of Panchami lands in Madurai district were under illegal occupation.
He said another Division Bench of the High Court had, in its judgement in April 2010, pointed out that assignment of such lands was initiated in 1891 by the then Chengalpet Collector, J.H.A.Tremen Heere, a Britisher.
Mr. Heere had submitted a report to the British government on being moved by the plight of the depressed classes and their socio-economic, political and cultural conditions. He mentioned in the report that even after the abolition of slavery in 1844, the practice continued in the name of Padiyaal (bonded labourer).
At that point of time, immovable properties were in the total control of people who were considered to be on a higher level in the caste hierarchy and the bonded agricultural labourers and landless workers mainly belonged to the depressed classes.
The Collector, in his report, stated: “The small or marginal land holdings, housing, literacy, free labour without force/bondage, self-respect and dignity are the factors that could lead to transformation in (their lives).”
Based on the report, the British Parliament passed the Depressed Class Land Act in 1892 and 12 lakh acres of land were distributed to them in the State.
These lands were called Panchami lands and were given away under certain conditions. The allottees should not sell, lease, gift or pledge them for the first 10 years. Even after the expiry of the period, the lands could be transferred only to people belonging to the depressed classes.
It was also made clear that any breach of those conditions would entail cancellation of the assignment, he said. Stating that those conditions were imposed bearing in mind that it would be easy to exploit the people belonging to the depressed classes, the counsel stated that the fears had come true now since most of those lands were in illegal occupation.
