Grama natham lands occupied and recognized by the State confer private ownership to occupants, distinguishing them from unoccupied lands that vest with the State.

ORDER :

(N. ANAND VENKATESH, J.)

The issue involved in all these writ petitions pertains to the grant of patta for the grama natham lands and hence, they are taken up together, heard and disposed of by this common order.

2. Heard all the learned counsel appearing for the respective petitioner and the learned State Government Pleader assisted by the learned Special Government Pleader appearing for the respondents.

3. The facts leading to filing of these writ petitions are as follows:

WP.No.4936 of 2025:

(i) The properties in S.F.Nos.1380/17 (180 sq.meters) and 1380/27 (920 sq.meters), Thenkanikottai Village and Taluk, Krishnagiri District along with vast extent of other properties were owned by petitioner's grandfather. His grandfather constructed a house in a portion of the subject properties and the remaining portion was kept vacant. The petitioner's grandfather died leaving behind him four sons and three daughters.

(ii) There was a family arrangement entered into among the co-sharers vide partition deed dated 20.8.1951 registered as doc.No.733 of 1951 on the file of the Sub-Registrar, Thenkanikottai, pursuant to which, the subject properties were allotted to (1) the petitioner's father - Mr.Subbiah, (2) his paternal uncle - Mr.Vasudevaiah and (3) one Mrs.Saradhammal - wife of his deceased paternal uncle - Mr.Ramachandraiah. Further, the said Mrs.Saradhammal was given only life interest and after her death, the subject properties would devolve around the petitioner's father and his paternal uncle. During the UDR proceedings, the subject properties were classified as grama natham and were subdivided. Thereby, the house portion was given S.No.1380/15 and the vacant lands were given S.Nos.1380/17 and 1380/27. The remaining properties that were owned by the petitioner's father, his paternal uncle and the widow of his paternal uncle were settled in favour of one Mr.V.N.Ramamurthi, who is none other than the son of the petitioner's paternal aunt.

(iii) Later, the petitioner applied for the grant of patta in respect of the subject properties. Based on that, a report was called for from the concerned Revenue Tahsildar, who also recommended for the grant of patta. However, the Commissioner of Land Administration, Chennai-5, vide proceedings dated 12.2.2021, rejected the claim made by the petitioner.

(iv) Aggrieved by that, the petitioner filed W.P.No.20715 of 2024 before this Court and it was allowed by a learned Single Judge of this Court by order dated 31.7.2024 directing the concerned Revenue Tahsildar to pass orders within a period of three months. While dealing with the said writ petition, the learned Single Judge placed specific reliance upon the earlier orders passed by this Court with respect to the issuance of patta for grama natham lands. Thereafter, by the impugned order, the Revenue Tahsildar once again rejected the claim made by the petitioner on the ground that he had no power to grant patta for the grama natham lands beyond three cents. Challenging the same and for a consequential direction to the the third respondent to grant patta for the grama natham lands, W.P.No.4936 of 2025 has been filed.

WP.No.6015 of 2025 :

(v) The petitioner is residing in the property in survey No.1036 situated at No.449, Near Kadathur Bus Stand, Kadathur, Madathukulam Taluk, Tirupur District-642203 for over 30 years along with his children. He made a representation dated 24.12.2024 to the concerned Revenue Tahsilda