The government can evict encroachments on unoccupied Village Natham land under applicable laws.

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

The notice for eviction issued by the Executive Authority, Velur Selection Grade Town Panchayat is under challenge in the present Writ Petition.

2. The learned counsel for the petitioner would submit that the subject land is Village Natham land and therefore the eviction proceedings ought not to have been initiated by the Authority.

3. The learned Additional Government Pleader would oppose by stating that even as per the judgments of this Court, if Village Natham land is an unoccupied land, then the Government is empowered to evict the encroachments, if any. As per the proceedings of the Executive Authority, the subject land has been identified as unoccupied. Therefore, there is no impediment for initiating eviction proceedings.

4. May that as it be, even in respect of the Government Natham land, the assignment is to be granted for occupation. In the absence of any valid assignment in accordance with the Revenue Standing Orders, it is not as if any person can go and occupy the land and claim right over such land.

5. In the present case, the proceedings of the Executive Authority would show that it is an unoccupied Village Natham. Thus, the Government is empowered to regulate the land in accordance with the Revenue Standing Orders and Laws in force. That being the factum, there is no impediment for the Authorities to proceed with the enforcement action by following the procedures as contemplated under law.

6. Accordingly, the present Writ Petition stands dismissed. No costs.