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

The present Writ Petition has been filed challenging the show cause notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905.

2. The question arises whether encroachments in Grama Natham lands can be removed by invoking the provisions of Tamil Nadu Land Encroachment Act, 1905. The Revenue Standing Order 26(1) empowers the competent Authority to initiate enforcement action for eviction of encroachers in respect of the Grama Natham lands, which reads as follows:-

"26. Unauthorised occupation of Government Land : 1.

Lands to which Act III of 1905 applies : - Act III of 1905 lays down the procedure to be followed in dealing with unauthorised occupation of “lands which are the property of Government”.

The term “occupation” must be taken to have the meaning attached to it in common parlance; there must be an intention to appropriate land either temporarily or permanently in order to constitute occupation. For example, when a man d