Madras High Court Imposes Rs 50,000 Cost on Real Estate Broker for Challenging Free Housing Scheme

MADURAI: The Madurai Bench of the Madras High Court has imposed a cost of Rs 50,000 on a real estate broker for 'unnecessarily' questioning a welfare scheme introduced by the state government. The scheme grants free house site pattas to people belonging to Scheduled Caste (SC) and Scheduled Tribe (ST) communities in Tamil Nadu. The court directed that the amount be paid to the district adi dravidar welfare officer of Ramanathapuram to be utilized for providing basic amenities for the Adi Dravidar Welfare High School in Sengapadai, Kamuthi taluk, Ramanathapuram district.

The petitioner, K Amalraj from Mudukulathur in Ramanathapuram district, challenged Clause 4(d) of a Government Order (G.O.) passed by the revenue and disaster management department on January 13, 2021. This clause stipulates that beneficiaries of the scheme are prevented from selling the land awarded to them until the expiry of the conditional assignment period of 10 years. Even after this period, the land can only be sold to another person belonging to the SC/ST community. Amalraj claimed that this clause was discriminatory and requested the court to declare it void.

A bench of justices SM Subramaniam and AD Maria Clete observed that the ground raised by the petitioner is untenable. The court stated, 'The very intention under the welfare scheme is to ensure that such lands acquired and allotted to the SC/ST people must be occupied by the people from the same community. That being the purpose and object for which the lands are acquired, the government is empowered to impose such conditions in order to protect the interest and well-being of the SC/ST people on allotment of free house site patta.'

Further, the court considered the contention of the government counsel that the petitioner, being a real estate broker, had filed the petition for personal gains to purchase the lands from SC/ST people and sell them to third parties. The judges dismissed the petition and imposed a cost of Rs 50,000 on the petitioner.

The decision by the Madras High Court underscores the importance of protecting the interests of marginalized communities through well-intentioned welfare schemes. It also highlights the court's commitment to ensuring that such schemes are not misused for personal gain. The imposed cost will be used to benefit the Adi Dravidar Welfare High School, further emphasizing the court's focus on community welfare and development.