J U D G E M E N T

PUSHPA SATHYANARAYANA, J.

Questioning the correctness of the order passed by the first respondent and also seeking a direction to issue patta, the petitioner instituted this writ petition.

2. By virtue of the impugned order, the first respondent, while dismissing the appeal of the writ petitioner, directed them to demolish the wall that was constructed in Natham land in Survey No.256/7 of Pallanthur Village, Karaikudi taluk, without obtaining any approval.

3. The case of the petitioner is that the Oorkavalan Maydai Kovil is located in Survey No.256/7, Pallanthur Group Village, Karaikudi Taluk and the people of the village and other people from different parts of the State have been worshiping the temple for centuries. According to him, the temple is located in the land, which was classified as "Gramma Natham" and even in the Settlement Land Record (SLR), it was stated as Oorkavalan Maydai.

3.1. While so, the Karaikudi Tahsildar sent an eviction notice on

23.12.2020 for the removal of encroachment in the said survey number under Section 6 of the Tamil Nadu Land Encorachment Act, 1905 (in short, "the Act"). The petitioner and other devotees submitted their objection letter on 19.01.2021. Thereafter, there was no response from the authorities, which necessitated the petitioner to file WP(MD)No.14164 of 2021 before this Court seeking to quash the notice.

3.2. Since it was represented that an appeal dated 19.01.2021 was filed with the first respondent, this Court vide order dated 12.08.2021 directed the said authority to dispose of the appeal on merits and in accordance with law, within a period of four weeks, while directing the parties to maintain status quo.

3.3. Pursuant to the said order, the petitioner appeared before the first respondent on 23.11.2021 and produced the records. But without considering the same, the order dated 11.12.2021, which was served on 18.12.2021, came to be passed. Thus, the petitioner is before this Court.

4. The learned counsel for the petitioner submitted that the Government has no authority to remove encorachment on Grama Nathan land, as the same is a village land utilized for domicile purpose and it never vests with the Government and thus, the subject Act has no application and even assuming, it applies, before issuing the notice under 6, notice under Section 7 ought to have been issued, which violation vitiates the entire process, so also the impugned order. It is also contended that the prayer of the petitioner to grant patta was also not considered by the first respondent in right perspective. To buttress his submissions, learned counsel relied upon the order dated 11.10.2018 passed by a Division Bench of this Court in T.S.Ravi and another V. The District Collector, Thiruvallur District, Thiruvallur (W.P. Nos.

26234 and 26237 of 2018).

5. Heard the learned Special Government Pleader on the above submissions and perused the materials placed before this Court.

6. The first respondent in the impugned order itself admitted that the subject land is a Grama Natham land. This Court in a catena of decisions approved the position that the Grama Natham land is a dwelling place meant for villagers and it does not vest in the Government. The Division Bench in T.S.Ravi's case (referred supra) held as follows :

"30. We, therefore, conclude that the Government has no right to evict persons who are in occupation of lands classified as Grama Natham in the Revenue records by invoking the provisions of the Tamil Nadu Land Encroachment Act, 1905, or any other enactment. It is always open to the Government to acquire the lands by paying compensation, if they are needed for any public purpose.

31. In view of the above, the Writ Petitions are allowed, the notices issued under Section 7 and the orders passed under Section 6 of the Tamil Nadu Act, III of 1905 are quashed, leaving it open to the Government to acquire the lands in question, if the Government requires it for any public purpose. No costs."

7. In the