The court reaffirmed that the government holds the authority to regulate Grama Natham lands to prevent encroachment and misuse, emphasizing the necessity of documentation for ownership claims.

JUDGMENT :

S.M. Subramaniam, J.

(Prayers WA No.203 of 2023 : is preferred under Clause 15 of LETTERS PATENT Act, against the order passed by this Court in WP No.5723 of 2020 dated 04.08.2022.

WA No.205 of 2023 is preferred under Clause 15 of LETTERS PATENT Act, against the order passed by this Court in WP No.17812 of 2022 dated 04.08.2022.)

1) FACTS IN BRIEF:

The writ petitioner is the appellant before us.

2. Mr.Balan Haridas, learned counsel appearing on behalf of the appellant would submit that the subject land in S.No.506/2024 Door No.11, Pillaiyar Koil Street, Kurumbalur Village, Perambalur Taluk, is classified as 'Grama Natham' and the appellant is in possession of five cents of 'Grama Natham' lands. The petitioner is residing there for about 40 years.

3. The petitioner has submitted an application for issuance of patta, which was rejected by the District Collector, on the ground that the said 'Grama Natham' land was reclassified as 'Sarkar Land' (vacant land). Challenging the said reclassification, the writ petition has been filed.

4. The Writ Court considered the judgments relied on by the appellant and formed an opinion that the Government has reclassified 'Grama Natham' land as 'Government Land'. The Writ Court held that reclassification, cannot be interfered with. However, possession of the appellant in the 'Grama Natham' land was upheld.

5. Mr.Balan Haridas, learned counsel for the appellant, would rely on certain judgments, to show that the 'Grama Natham' lands do not vest with the Government. Therefore, occupants of 'Grama Natham' land hold right over the property.

6. Since these lands are not assessed, they are kept vacant and subsequently classified as 'Grama Natham' for the purpose of housesite to poor homeless people. Assignment of such 'Grama Natham' lands to needy poor people are to be made by following the procedures contemplated under the REVENUE STANDING ORDER No.21 [RSO No.21]. The procedures are contemplated under RSO No.21, would elaborately provide the eligibility and the extent of land, which can be alienated as house sites to the poor needy people.

7. When 'Grama Natham' lands are regulated under RSO No.21, an individual, who is in occupation, cannot claim as if he is the owner of the land. The Government is empowered to regulate all 'Grama Natham' lands across the State by following the procedures as contemplated under RSO No.21.

8. There are conflicting decisions that “Grama Natham Lands” do not vest with the Government. Larger extent of lands across the State of Tamil Nadu are grabbed by private individuals and by greedy men under the pretext that they are 'Grama Natham' lands. There are many orders passed by the learned Single Judge granting patta in favour of the occupants of 'Grama Natham' lands on the ground that 'Grama Natham' lands do no