Encroachments on unassigned Grama Natham lands may be removed under the Tamil Nadu Land Encroachment Act, supported by Full Bench precedents and constitutional policy principles.

(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 dumps earth or rubbish on Government land even though he has no intention of utilizing it afterwards, he “takes possession” of the land for the purpose of depositing his earth or rubbish on it. A man who puts a dam across a stream, digs a channel across a path “take possession” of that portion of the bed of the stream or the path for his own purposes even if only temporarily. The Act does not however, cover the case of prickly-pear spreading from private land to Government land.

The phrase “land which are the property of Government” as defined in Section 2 of the Act, includes public roads, streets, lands and paths, vesting in a local body, viz., village panchayat / town panchayat or municipality and railway lands whether classed as permanent or temporary, but does not apply to lands claimed by right of escheat, resumption or reversion, which have not been reduced to the possession of Government.

(section 16)

Encroachment of any Government land is otherwise a trespass and the encroacher is therefore liable for criminal action also."

3. Therefore, the Government is empowered to regulate Grama Natham lands, which are to be assigned for construction of dwelling houses in terms of the Revenue Standing Orders to landless/homeless poor persons and may also be utilised for public purposes. Grama Natham lands are not meant to be encroached upon by the greedy men or by any person with muscle or political powers. All such lands are to be regulated by the Government in the public interest and to be utilised for construction of dwelling houses by allotting the extent of lands as contemplated under the RSOs.

4. The legal position in this regard has been elaborately considered by two Full Bench judgements of this Court in the case of Madathapu Ramaya Vs. The Secretary of State for India in Council reported in [ILR 1904 (27) Mad 386] and in the case of the Taluk Board, Dindigul Vs. Venkatarama Ayyar and others reported in [1923 (18) LW 366], wherein it was held that the Government is empowered to regulate Grama Natham lands.

5. With regard to the recent Full Bench Judgement in the case of Kaman @ Kamatchi Vs. The District Collector and others in W.P.(MD) Nos.19720 of 2017 etc., batch dated 06.03.2026, two Hon’ble Judges have taken one view, while the third Hon'ble Judge authored a dissenting judgement. Therefore, the earlier Full Bench judgement of this Court rendered in the year 1923 continues to be a binding precedent, as per the ratio laid down by the Constitution Bench of the Hon’ble Supreme Court of India in National Insurance Company Limited Vs. Pranay Sethi reported in AIR 2017 SC 5157 : 2017 (16) SCC 680.

6. Article 39(b) and (c) of the Constitution of India reads as under:

"39. Certain principles of policy to be followed by the State.—The State shall, in particula