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2024 Supreme(Mad) 1068

IN THE HIGH COURT OF JUDICATURE AT MADRAS
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM, THE HONOURABLE MR. JUSTICE K.RAJASEKAR
K.Shanmugavel Mudaliar – Appellant
Versus
The Secretary, Government of Tamil Nadu – Respondent
W.P.Nos.7594 & 7595 of 2011 and 8794 of 2020 and W.M.P.Nos.10674 & 10675 of 2020
Decided on : 14-03-2024

Advocates:
Advocate Appeared:
For the Appellant : Mr.T.Saikrishnan, Mr.N.Nithianandam
For the Respondent: Mr.A.Selvendran, Mrs.S.P.Arthi, Mr.N.R.R.Arun Natarajan, Mr.V.Jayaprakash Narayanan, Mr.T.Saikrishnan

IMPORTANT POINT
The court established that 'Grama Natham' lands are public properties that cannot be claimed by individuals for personal use, and the government has a duty to protect these lands from encroachment.

Headnote:

GOVERNMENT LAND ENCROACHMENT - GRAMA NATHAM LANDS - Article 226 of the Constitution of India, Tamil Nadu Land Encroachment Act, 1905, Revenue Standing Order 21 - The court discussed the legal framework surrounding 'Grama Natham' lands, emphasizing that these lands do not vest with the government and are meant for residential purposes. The court interpreted the provisions of the Tamil Nadu Land Encroachment Act, 1905, and Revenue Standing Order 21, which regulate the assignment and unauthorized occupation of government lands. The court concluded that encroachments on public properties, including water bodies and 'Grama Natham' lands, must be evicted to protect public interest and uphold the constitutional mandate of social justice.

Fact of the Case:

The writ petitions were filed challenging government orders related to 'Grama Natham' lands in Pozhichalur Village, alleging illegal encroachments and seeking to declare the lands as private property. The petitions also sought to protect water bodies from encroachments under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007.

Finding of the Court:

The court found that 'Grama Natham' lands are public properties that cannot be claimed by individuals for personal gain. It emphasized the need for government vigilance in protecting these lands from encroachment and illegal assignments. The court directed the District Collector to evict encroachers and restore the lands for public use.

Issues: Whether individuals can claim ownership over 'Grama Natham' lands and the legality of government orders regarding these lands and encroachments.

Ratio Decidendi: The court held that 'Grama Natham' lands are not private property and cannot be occupied without proper authorization. The government has the authority to regulate these lands and evict unauthorized occupants under the Tamil Nadu Land Encroachment Act, 1905.

Final Decision: The court disposed of the writ petitions, directing the District Collector to take necessary actions to evict encroachers from 'Grama Natham' lands and water bodies, ensuring compliance with relevant laws and regulations.

ORDER :

(Order of the Court was made by S.M.SUBRAMANIAM, J.)

Prayer in W.P.No.7594 of 2011: Writ Petition is filed under Article 226 ofthe Constitution of India for issuance of Writ of Certiorarified Mandamus,calling for the records relating to the G.O.(Ms.) No.1177 Commercial Taxes& Religious Endowment Department dated 30.10.1987 and G.O.No.(General)No.1971 Revenue (SSII) Department dated 14.10.1988 and pursuant followed by above G.O's consequentially issued by present G.O.(Ms.) No.760 Revenue (SSIV) Department dated 19.12.2007 & G.O.(2D).No.37 Revenue (SSIV) Department dated 29.01.2009 issued by the first respondent and quash the same as ultra virus and consequently forbear the respondents and their subordinates, from any way restrict or control to refuse grant patta or survey of the petitioner's possession and enjoyment of the land ad measuring 6 Acres in S.No.210/2, Grama Natham, at Pozhichallur minor inam Village, Alandur Taluk, Kancheepuram District.

Prayer in W.P.No.7595 of 2011: Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Declaration, call for the records from the 6th respondent and declaring that the Grama Natham survey entire process of measuring, altering the revenue records by drawing an FMB plan and without any enquiry issuing of FORM-1 notice and without any enquiry issued FORM-4 notice, entire all proceedings of the 6th respondent in Grama Natham survey land of Pozhichalur Village as per G.O.No.(General) No.1971 Revenue (SSII) department dated 14.10.1988 and consequential G.O.Ms.No.760 (Revenue) Department dated 19.12.2007 and G.O.(2D) No.37 Revenue (SSIV) Department dated 29.01.2009 as null and void and consequently declare the same as private property, irrespective of any buildings, sheds are constructed or not such property never vest with government or local bodies or religious endowments as temple sites in respect of Grama Natham property belongs to the petitioner, admeasuring 6 Acres in S.No.210/2, at Pozhichallur minor inam village, Alandur Taluk, Kancheepuram District.

Prayer in W.P.No.8794 of 2020: Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 8 protect and preserve the Pond and Thrashing Field comprised in Old Survey No.210/2, New Survey No.371/1 to an extent of 0.82.5 Hectares and Survey No.181 measuring an extent of 0.20.5 Hectares situated at Village No.02, Pozhichalur Village, Pallavaram Taluk, Chengalpet District be maintained as a water body and for public purposes and consequently remove all encroachments thereon in terms of provisions of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 and other applicable Acts and protect and preserve the said tank.

W.P.No.7594 of 2011 has been instituted challenging the Government Orders issued by the first respondent in G.O.(Ms.) No.1177 Commercial Taxes & Religious Endowment Department dated 30.10.1987, G.O.No.(General) No.1971 Revenue (SSII) Department dated 14.10.1988 and consequential G.O.(Ms.) No.760 Revenue (SSIV) Department dated 19.12.2007 & G.O.(2D).No.37 Revenue (SSIV) Department dated 29.01.2009.

2. W.P.No.7595 of 2011 has been instituted to declare the entire proceedings initiated by the 6th respondent in respect of Grama Natham land situated in Pozhichalur Village admeasuring 6 Acres in S.No.210/2, at Pozhichallur minor inam village, Alandur Taluk, Kancheepuram District, as per G.O.No.(General) No.1971 Revenue (SSII) department dated 14.10.1988 and consequential G.O.Ms.No.760 (Revenue) Department dated 19.12.2007 and G.O.(2D) No.37 Revenue (SSIV) Department dated 29.01.2009 as null and void and consequently, declare the same as private property.

3. W.P.No.8794 of 2020 has been instituted to direct the respondents 1 to 8 to protect and preserve the Pond and threshing Field comprised in Old Survey No.210/2, New Survey No.371/1 to an extent of 0.82.5 Hectares and Survey No.181, measuring to an

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