N.Kannadasan, J: The above writ appeals are filed as against the common order dated 31.1.2003 in Writ Petition Nos.382 to 394 of 2001, wherein the learned Judge has allowed the writ petitions.

2. The facts leading to the filing of the writ petitions are set out hereunder:

The writ petitioners and their ancestors were in occupation of small pieces of land in Kadathur Village, Pappi Reddi Patti Taluk, Dharmapuri District for more than 40 years and the said lands are classified as ‘Natham’ lands or otherwise called as ‘Grama Natham’ lands. The petitioners have submitted necessary applications for issuance of pattas and the Tahsildar, Natham Scheme, Harur Taluk, conducted an enquiry and recommended the names of the petitioners for the grant of patta. The then District Collector, Dharmapuri District has passed an order granting pattas as early as in the year 1992 and necessary entries were also carried out in the revenue records. However, subsequently, the authorities intended to evict the petitioners on the ground that the land in question is required for the use of the fourth respondent-Town Panchayat. A claim is made by the fourth respondent-Town Panchayat that the land belongs to the Panchayat and the resolution was passed to the effect that the land required for the use of the Panchayat and necessary action to be initiated to evict the petitioners, resulting in the petitioners have approached this Court by way of writ petitions which culminated into final orders to the effect that the petitioners cannot be evicted without following due process of law, much less without cancellation of the pattas. It is also pertinent to state that some of the petitioners have approached the Civil Court to resist the forcible eviction. Subsequently, the third respondent by order dated 28.12.2000 has passed an order cancelling the pattas already granted in favour of the petitioners. Aggrieved against the said order, the petitioners have filed the writ petitions which are allowed, against which the fourth respondent viz., the Town Panchayat has filed the above appeals.

3. The learned counsel for the appellant contended that inasmuch as the appellant/fourth respondent has passed a resolution treating the petitioners as encroachers in respect of the land in question, it is open to him to evict them and as such, the third respondent has rightly passed the impugned order, cancelling the pattas and the writ petitions ought to have been dismissed. The learned counsel further contended that the impugned order was passed pursuant to the liberty given by this Court in the earlier writ petitions which is to the effect that the writ petitioners can be evicted in accordance with law, after cancelling the pattas issued in favour of them.

4. We have considered the contentions urged by the learned counsel for the appellant and the learned Special Government Pleader for the respondents 2 to 4 in the above appeals.

5. While dealing with the contentions urged by the learned counsel for the appellant, the matter has to be dealt with in the light of the nature and classification of the land which is under occupation of the petitioners. There is no dispute that the land under occupation of the petitioners is classified as ‘Natham’ or otherwise called as ‘Grama Natham’ land and the petitioners were granted pattas as early as in the year 1992 recognising their continued occupation. For the purpose of exercising right as against the petitioners to evict them from the land in question, it has to be decided as to whether the ‘Grama Natham’ land actually vests either with the Government or the Town Panchayat. As regards the classification of the land as ‘Grama Natham’, it is not the communal property in the sense in which thrashing floor or burning grounds or other property is communal viz., the property reserved for the use of the community. The ‘Grama Natham’ land, if it is unoccupied, is assigned from time to time by the proprietor whether it is in zamindari area or in an i

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