K. Shanmugavel Mudaliar v. Secretary, Government of Tamil Nadu
2024-03-14
K.RAJASEKAR, S.M.SUBRAMANIAM
body2024
DigiLaw.ai
ORDER : (Order of the Court was made by S.M.SUBRAMANIAM, J.) Prayer in W.P.No.7594 of 2011: Writ Petition is filed under Article 226 ofthe Constitution of India for issuance of Writ of Certiorarified Mandamus,calling for the records relating to the G.O.(Ms.) No.1177 Commercial Taxes& Religious Endowment Department dated 30.10.1987 and G.O.No.(General)No.1971 Revenue (SSII) Department dated 14.10.1988 and pursuant followed by above G.O's consequentially issued by present G.O.(Ms.) No.760 Revenue (SSIV) Department dated 19.12.2007 & G.O.(2D).No.37 Revenue (SSIV) Department dated 29.01.2009 issued by the first respondent and quash the same as ultra virus and consequently forbear the respondents and their subordinates, from any way restrict or control to refuse grant patta or survey of the petitioner's possession and enjoyment of the land ad measuring 6 Acres in S.No.210/2, Grama Natham, at Pozhichallur minor inam Village, Alandur Taluk, Kancheepuram District. Prayer in W.P.No.7595 of 2011: Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Declaration, call for the records from the 6th respondent and declaring that the Grama Natham survey entire process of measuring, altering the revenue records by drawing an FMB plan and without any enquiry issuing of FORM-1 notice and without any enquiry issued FORM-4 notice, entire all proceedings of the 6th respondent in Grama Natham survey land of Pozhichalur Village as per G.O.No.(General) No.1971 Revenue (SSII) department dated 14.10.1988 and consequential G.O.Ms.No.760 (Revenue) Department dated 19.12.2007 and G.O.(2D) No.37 Revenue (SSIV) Department dated 29.01.2009 as null and void and consequently declare the same as private property, irrespective of any buildings, sheds are constructed or not such property never vest with government or local bodies or religious endowments as temple sites in respect of Grama Natham property belongs to the petitioner, admeasuring 6 Acres in S.No.210/2, at Pozhichallur minor inam village, Alandur Taluk, Kancheepuram District.
Prayer in W.P.No.8794 of 2020: Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 8 protect and preserve the Pond and Thrashing Field comprised in Old Survey No.210/2, New Survey No.371/1 to an extent of 0.82.5 Hectares and Survey No.181 measuring an extent of 0.20.5 Hectares situated at Village No.02, Pozhichalur Village, Pallavaram Taluk, Chengalpet District be maintained as a water body and for public purposes and consequently remove all encroachments thereon in terms of provisions of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 and other applicable Acts and protect and preserve the said tank. W.P.No.7594 of 2011 has been instituted challenging the Government Orders issued by the first respondent in G.O.(Ms.) No.1177 Commercial Taxes & Religious Endowment Department dated 30.10.1987, G.O.No.(General) No.1971 Revenue (SSII) Department dated 14.10.1988 and consequential G.O.(Ms.) No.760 Revenue (SSIV) Department dated 19.12.2007 & G.O.(2D).No.37 Revenue (SSIV) Department dated 29.01.2009. 2. W.P.No.7595 of 2011 has been instituted to declare the entire proceedings initiated by the 6th respondent in respect of Grama Natham land situated in Pozhichalur Village admeasuring 6 Acres in S.No.210/2, at Pozhichallur minor inam village, Alandur Taluk, Kancheepuram District, as per G.O.No.(General) No.1971 Revenue (SSII) department dated 14.10.1988 and consequential G.O.Ms.No.760 (Revenue) Department dated 19.12.2007 and G.O.(2D) No.37 Revenue (SSIV) Department dated 29.01.2009 as null and void and consequently, declare the same as private property. 3. W.P.No.8794 of 2020 has been instituted to direct the respondents 1 to 8 to protect and preserve the Pond and threshing Field comprised in Old Survey No.210/2, New Survey No.371/1 to an extent of 0.82.5 Hectares and Survey No.181, measuring to an extent of 0.20.5 Hectares situated at Pozhichalur Village, Pallavaram Taluk, Chengalpet District to be maintained as a water body for public purposes and consequently remove all encroachments under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 and other applicable Acts. 4. In view of the fact that all the three writ petitions are connected with encroachments common orders are passed. 5. The petitioners state that large scale encroachments are made in respect of Government Poramboke lands, Water bodies , threshing field Grama Natham (Government Poramboke) in Pozhichalur Village, Pallavaram Taluk, Chennai. The subject property situated in the outskirts of Chennai City and the market value is running to several crores.
5. The petitioners state that large scale encroachments are made in respect of Government Poramboke lands, Water bodies , threshing field Grama Natham (Government Poramboke) in Pozhichalur Village, Pallavaram Taluk, Chennai. The subject property situated in the outskirts of Chennai City and the market value is running to several crores. Thus, greedy men attempt to grab the Government properties and allegations and counter allegations regarding encroachments and unauthorised constructions are made. 6. The irony is that important water bodies near Chennai are encroached upon and the Competent Authorities became mute spectators of such encroachments in water bodies. The Constitutional Courts time and again reiterated that the water resources are to be protected. Such encroachments are resulting in flooding during rainy season in Chennai City and Suburban areas. People are suffering untold misery during rainy season, on account of heavy flooding. Greedy men, who wants to make huge money from and out of these Government lands are using their money, muscle and political power for personal and unjust gains. Courts cannot close its eyes in respect of such illegalities of grabbing water bodies and Government Poramboke lands. Government Poramboke lands belong to people and it is a public property right, which cannot be infringed at the instances of few individuals by encroaching upon such Government Poramboke lands and water bodies. 7. We people of India are the owners of public properties. Therefore, we did not allow such greedy men to encroach upon the land for unjust gains. The growing trend of encroachment is happening on account of sky rocketing of market value of lands in urban and suburban areas. The Authorities competent are expected to be more vigilant in respect of such encroachments of the Government lands more specifically water bodies. 8. The recent trend is that encroachers and greedy men are creating documents in a fraudulent manner and attempting to claim title over such public properties. In many such cases unregistered wills, Partition Deeds, Settlement Deeds, Power of Attorney are shown as original title documents and thereby several further documents are registered in order to validate the fraud and illegalities. All fraudulent activities grabbing the public lands are to be thwarted. No one should be spared, if they commit such heinous offence of grabbing and encroaching upon the Government Poramboke land and water bodies.
All fraudulent activities grabbing the public lands are to be thwarted. No one should be spared, if they commit such heinous offence of grabbing and encroaching upon the Government Poramboke land and water bodies. Since such offences are against the public at large and Government being custodian and the protector is bound to initiate all appropriate action including criminal prosecutions. 9. It is a trend that litigious continuance and possession of Government Poramboke lands and water bodies are visibly increasing. Knowing the fact that litigious process increases the longevity, the encroachers are instituting litigation after litigation in one way or other either by approaching the Authorities or by approaching the Courts for the purpose of enjoying the public property at the cost of public. Therefore, speedy and expeditious actions on the part of the Government Authorities are imminent. Any delay would result in huge loss to the Public at large. Thus, the Government Officials are expected to be more prudent and vigilant in protecting the public properties, water bodies and to evict the encroachers from public properties. 10. In the present case, the respective learned Counsels appearing on behalf of the private respondents, relying on some Revenue Records, registered documents are attempting to say that they are the title holders and in possession of the properties. One such argument is that the portion of the property is classified as “Grama Natham”. “Grama Natham” lands do not vest with the Government. Therefore, the Government cannot claim any right over the “Grama Natham” lands and the private individual, who is in possession of “Grama Natham” lands are entitled for Patta in respect of the entire land. 11. Question arises, whether any private individual can occupy 'Grama Natham' lands to a larger extent and claim title over the property? If such a proposition is accepted, it will result in an anomalous situation, where people having money power, muscle power and political power alone can enjoy 'Grama Natham' lands to vast extent by way of illegal means and by encroaching upon such lands, All these persons, who all are in possession of 'Grama Natham' lands without assignment are encroachers under RSO-21. 12. Revenue Standing Order – 21 stipulates that “portions of 'Grama Natham' or village site at the disposal of Government not being a land required for common use of the Villagers, may be granted for building purposes to bonafide applicants.
12. Revenue Standing Order – 21 stipulates that “portions of 'Grama Natham' or village site at the disposal of Government not being a land required for common use of the Villagers, may be granted for building purposes to bonafide applicants. Assignment of 'Grama Natham' lands is banned in certain cases under RSO-21. Procedure in dealing with the applications are contemplated. Therefore, the 'Grama Natham' lands are regulated under RSO-21. Thus, it is clear that 'Grama Natham' lands not required for common use may be assigned by the Government for housing sites by following the procedures. Vast extent of 'Grama Natham' lands cannot be assigned in favour of the individuals. The eligible homeless poor people are to be identified and as per the policy of the Government, smaller extent of land is to be assigned in favour of such eligible homeless poor people by regulating 'Grama Natham' lands. 'Grama Natham' lands can be utilised for other public purposes also. Therefore, it is not as if a person at his choice can occupy 'Grama Natham' lands to a larger extent and claim that such 'Grama Natham' lands do not vest with the Government and therefore, he is the owner and entitled for Patta. 13. Article 39 (b) of the Constitution of India enumerates that “the ownership and control of the material resources of the community are so distributed at best to subserve the common good.” It is a directive principles, which require that all such public lands are to be distributed as best to sub serve the common good. Allowing an individual to possess vast extent of 'Grama Natham' lands/Village House Sites would not sub serve the common good. Therefore, the Government is empowered to regulate 'Grama Natham' lands by assigning the said lands for homeless poor people to a smaller extent without causing any discrimination amongst such eligible persons. 14. All along a wrong impression has been created before the Courts that 'Grama Natham' lands do not vest with the Government. Those observations in various Judgments made by this Court for issuance of Ryotwari Patta under various special enactments dealing with abolition of Inams under the provisions of Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963.
14. All along a wrong impression has been created before the Courts that 'Grama Natham' lands do not vest with the Government. Those observations in various Judgments made by this Court for issuance of Ryotwari Patta under various special enactments dealing with abolition of Inams under the provisions of Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963. Therefore, those judgments wherein certain observations are made that 'Grama Natham' lands do not vest with the Government cannot be interpreted for the purpose of grabbing all such 'Grama Natham' lands to a larger extent for unjust and personal gains. 15. As per RSO-21, the encroachers of 'Grama Natham' lands are liable to the evicted. If they are otherwise eligible, smaller extent is to be assigned by the Government by regulating the entire 'Grama Natham' lands. LEGAL POSITION: Definition and Origin of 'Grama Natham' lands 16. 'Grama Natham' has been defined in the Law Lexicon as follows: “Ground set apart, on which the house of a villager may be built?” 17. 'Grama Natham' is the village habitation, where the land holders may build houses and reside. They are also known as 'House Sites' (Manai). They were classified as 'Grama Natham' to differentiate from Inam lands, Ryotwari lands, Pannai lands and Waste lands, while later vested with the Government, the 'Grama Natham' did not vest with the State. 18. As far as the Corporation limits and Municipal limits are concerned, the Government imposed ban for assignment of 'Grama Natham' lands and in many cases, the Government has reclassified the 'Grama Natham' lands as 'Government Poramboke' and in such circumstances, the occupants are not entitled to claim patta or right over the property. 19. If the Natham is unoccupied, it will be classified as a 'Poramboke Natham'. Where such 'Poramboke Nathams' are concerned, the Government acts as a custodian, and may allocate the piece of land to an individual, only for the construction of houses. 20. The Government Order has provisions for “encroachments” on poramboke land. A penalty is levied on encroachments on poramboke land, which also acts as a record of occupancy (because it makes them visible on an official register). It's called a B-memo and is issued by the village panchayat or the government agencies under whose control the poramboke land lies.
20. The Government Order has provisions for “encroachments” on poramboke land. A penalty is levied on encroachments on poramboke land, which also acts as a record of occupancy (because it makes them visible on an official register). It's called a B-memo and is issued by the village panchayat or the government agencies under whose control the poramboke land lies. Although Tahsildars are supposed to act to remove encroachments within three months of the B-memo being issued (pending appeals), it has been observed that the memo is often used as a proof of occupancy. 21. According to Government Order issued, no poramboke land “shall be used for any purpose other than that for which it was originally intended except with the prior approval of the Collector” (G.O. [Ms] No.317, Rural Development [C4], dated December 6, 2000). In case it is not required for the purpose originally intended, it may be used for any other “specified public purpose”, in which case the panchayat must publish the notice in the village and invite objections to its proposed use of the poramboke land. The proposal, along with any objections, must then be submitted to the district collector, who will take the final call. 22. Poramboke land is often compared with 'Grama Natham'. “Poram” means outside, and “boke” means revenue record. Hence the word, 'poramboke', can be defined as land, which lies outside revenue records. By such a definition, any piece of land can be classified either as a privatelyowned Patta land, 'Government Poramboke' land or 'Grama Natham land'. Although 'Grama Natham' can be used for building a house, there is always a risk of litigation when the Government needs the land for its projects. 23. 'Grama Natham' lands are house sites, and must be actively used by the land owner. If the 'Natham' is unoccupied, it will be classified as a 'Poramboke Natham'. Where such 'Poramboke Nathams' are concerned, the Government acts as a custodian, and may allocate the piece of land to an individual. NEED FOR UNIFORMITY IN NOMENCLATURE WITH RESPECT TO 'NATHAM' LANDS 24. The Government has announced that the nomenclature with respect to lands will be changed to reflect the difference between private and Government ownership. As 'Natham' land records have adopted different nomenclature for different areas, the Government has found an urgent need to bring in uniformity in these records.
NEED FOR UNIFORMITY IN NOMENCLATURE WITH RESPECT TO 'NATHAM' LANDS 24. The Government has announced that the nomenclature with respect to lands will be changed to reflect the difference between private and Government ownership. As 'Natham' land records have adopted different nomenclature for different areas, the Government has found an urgent need to bring in uniformity in these records. This change will have to be bought to all 'Natham' land records of different places excluding Chennai. 25. 'Natham' lands belongs to no one. There is no legal proof of the ownership of such a land. 'Grama Natham' land can only be used for residential purposes and not commercial. There is no surrounding social infrastructure and almost negligible scope of development in future. The extract of Natham chitta from Tamil Nilam will be treated as a valid and legal document. Hence the necessary changes have to be made. When the land is titled as Government-manai, it leads to a perception that the public may be encroaching on private property. But that is not the case, as many land holdings are private holdings within the 'Natham' land settlement. This particular change will lead to all 'Natham' lands falling under two categories of “Ryotwari Manai” and “Sarkar Poromboke”. This will ensure uniformity and ease confusion between different names for 'Natham' lands. 26. Pertinently, in Chinnathami Goundan vs. Venkatasubramania Iyer [1939 MWN 207], Wadsworth J., dealt with unoccupied village site and it is held as follows:- “I am of opinion that by the recognised practice of this Presidency - excluding areas with a Special Revenue law such as Malabar - the control of unoccupied village site land vests in the proprietor whoever he may be. In Ryotwari areas that control is exercised by the Government in the Revenue Department by means of the grant of house site Pattas without which occupation by an individual villager would be unauthorised. In Zamindari areas that control is exercised by the Zamindar. In a Shrotriem village not falling under the Estates Land Act, I am of opinion that according to the common practice of this Presidency the control of such unoccupied village site vests in the Shrotriemdar.
In Zamindari areas that control is exercised by the Zamindar. In a Shrotriem village not falling under the Estates Land Act, I am of opinion that according to the common practice of this Presidency the control of such unoccupied village site vests in the Shrotriemdar. My attention has been drawn to the decision of a Bench of this Court in Venkataramana Sivan v. Secretary of State for India (1), which is a case arising out of a whole Inam village wherein the Government claimed the right to penalise an unauthorised occupation of a cremation ground poramboke. It was held in that case that the Government was vested with the right of protecting such communal ground for the benefit of the community and there is an observation in the judgment of Spencer, J. To the effect the Government is the custodian of the rights of the public in lands such as sites for Pagodas, burning grounds, threshing floors, cattle stands, unassigned house sites and backyards. The suggestion is that the legal title vests in the Government in trust for communal purposes” 27. In the event of permitting such greedy men to encroach upon the 'Grama Natham' lands to a larger extent, and usage of 'Grama Natham' lands for commercial purposes, it would lead to lawlessness in the Society. Persons with money power, muscle power or political power alone would be in a position to occupy such vast extent of 'Grama Natham' lands for exploitation and for unjust gains, which would cause infringement of the rights of homeless poor people and the same will result in an unconstitutionality with reference to the Constitutional mandate of 'Social Justice'. 28. The spirit of the Revenue Standing Order 21 (RSO 21) is to be looked into by this Court. RSO 21 (1) Note stipulates that “in assigning lands for house sites care should be taken to see that land is not granted to persons already possessing enough land for their reasonable requirements and that preference is given to those who own no house site and whose family-s income does not exceed Rs.12,000/- per annum”. 29. Clause (1)(ii) to RSO 21 speaks about the assignment of house site is banned in the following cases: (a) District Headquarters and Towns with a population of with over 2 lakhs - 8 kilometers. (b) Other Towns with a population exceeding one lakh and upto two lakhs - 5 kilometers.
29. Clause (1)(ii) to RSO 21 speaks about the assignment of house site is banned in the following cases: (a) District Headquarters and Towns with a population of with over 2 lakhs - 8 kilometers. (b) Other Towns with a population exceeding one lakh and upto two lakhs - 5 kilometers. (c) Town with a population exceeding 50,000 and not exceeding one lakh - 3 kilometers. (d) Other Towns with a population of less than 50,000 - 1.5 kilometers. 30. RSO 21 commences in general by stating that portions of 'Grama Natham' lands or village site at the disposal of the Government not being the land required for the common use of the villagers may be granted for building purposes to the bonafide applicants. Therefore, the procedures for assignment of 'Grama Natham' lands in villages are enumerated in RSO 21 and the Revenue Authorities are incompetent to assign the lands classified as 'Grama Natham' beyond the scope of RSO 21. Sub clause (2) to RSO 21 provides procedure in dealing with the applications. The contents state that the applications for house site shall be made in the form in Appendix IV-A and shall clearly specify the land required, the purpose for which it is wanted (i.e.,) whether for constructing a Thatched or Tiled or Terraced building or for erecting a Cow Shed and so on”. The publication is to be made while dealing with the applications filed by the persons seeking assignment of 'Grama Natham' lands in villages. A report is to be prepared and sent to the Tahsildar signed by the Village Administrative Officer counter signed by the Revenue Inspector. Thus the procedures to deal with the applications are elaborately stipulated in RSO 21. 31. Pertinently, sub Clause (3) to RSO 21 denotes Treatment of Unauthorised Occupation. (i) Village site not to be appropriated without previous permission.-Collectors will assert the prerogative of Government by making it known in all Government villages that village site cannot be appropriated without permission previously obtained. (ii) Consequence of such appropriation.-If any portion of the village site is appropriated without permission and if the occupation is considered to be objectionable, the provisions of Act III 1905 should be applied in accordance with the instructions contained in Standing Order No.26.
(ii) Consequence of such appropriation.-If any portion of the village site is appropriated without permission and if the occupation is considered to be objectionable, the provisions of Act III 1905 should be applied in accordance with the instructions contained in Standing Order No.26. If the occupant is found to be entitled to an allotment and the occupation is unobjectionable the site may be formally granted in accordance with the rule, contained in paragraph 2 above and no penalty or at most a mere nominal penalty, should be imposed unless special circumstances render the imposition of penalty desirable. 32. RSO 21 (3)(ii) unambiguously stipulates that if any portion of the village site is appropriated without permission and if the occupation is considered to be objectionable, the provisions of Act III 1905 should be applied in accordance with the instructions contained in Standing Order No.26. 33. In-discriminate assignment of Government land without running through the required background checks and without consulting the stake holders involved will defeat the object sought to be achieved. The object here is to ensure that the bonafide applicants are granted 'Grama Natham' lands or Village site for construction of housing purposes, when the Government is of the view that it is not required for common public use. In such a scenario, such lands are being assigned by identifying potential bonafide applicants, who are well fitted within the parameters as stipulated under the Revenue Standing Orders (RSO) and the Government Orders. 34. Apart from ensuring that the conditions as stipulated in the Revenue Standing Orders (RSO), complied with, it is also vital to ensure that the object envisioned is achieved. 35. But this Court is witnessing that in Multitude cases, the assignment of Government lands or majorly done to the powerful and influential members of the society, who may not be bonafide applicants and in turn these Government lands are used for commercial purposes. With the efflux of time, the de facto purpose or essence is washed away and or is made to seem right to the visible eyes. 36. This defeats the crux of such assignments of Government lands done by the Government. An independent and meticulous examination and discussion is a cardinal requirement before such assignments of Government lands or Grama Natham lands are made. 37. The Government is not empowered to grant lands based on their own whims and fancies.
36. This defeats the crux of such assignments of Government lands done by the Government. An independent and meticulous examination and discussion is a cardinal requirement before such assignments of Government lands or Grama Natham lands are made. 37. The Government is not empowered to grant lands based on their own whims and fancies. A guideline needs to be put in place to ensure that power in assignment of Grama Natham lands is bridled and used for the rightful purposes to the rightful people. The Government is not just for politicians and party men. It is the representative of the common man. It does not only include the top echelons of the society, but travels the bottom rung of the ladder and it is the inherent duty of the Government to work for their upliftment both socially and economically. This can be achieved through schemes, such as assignment of Government lands, Natham lands, which is a welfare measure. 38. Therefore, any unauthorised occupation of 'Grama Natham' lands is impermissible and occupants are to be construed as encroachers and are liable to be evicted by following the procedures as contemplated under the Tamil Nadu Land Encroachments Act, 1905. Thus the contention of the petitioner that Land Encroachments Act, 1905 is not applicable in respect of 'Government Poramboke -Grama Natham' land is untenable.” 39. Section 2 of the Tamil Nadu Land Encroachment Act, 1905 denotes right of property in public roads, etc., waters and lands. Sub-Section (1) deals with “All public roads, streets, lanes and paths, the bridges, ditches, dikes and fences, on or beside the same, the bed of the sea and of harbours and creeks below high water mark, and of rivers, streams, nalas, lands, lakes and tanks, and (all back waters, canals and water-courses) and all standing and flowing water, and all lands, where ever situated, save in so far as the same are the property....” 40. In the present case, Tahsildar, Pallavaram vide letter dated 11.03.2024 has stated that as per the UDR register, Survey No.181 has been classified as (threshing land), Survey No. 210/2 has been classified as “Government Natham Poramboke” and Survey No.371/1, 370/7 & 366/15 are classified as which is a water body. 41. Learned Counsel for the respondents would submit that the petitioner himself is an encroacher and encroached upon the Government land in Survey No.183. 42.
41. Learned Counsel for the respondents would submit that the petitioner himself is an encroacher and encroached upon the Government land in Survey No.183. 42. Mr.N.R.R.Arun Natarajan, learned Special Government Pleader appearing on behalf of the HR & CE Department made a submission that there is an attempt to grab the temple properties also. In this context, the competent Authorities under the HR & CE Department are empowered to invoke Section 78 of the HR & CE Act for evicting the encroachers from temple properties and by following the procedures. It is clarified that the temple properties are to be protected in accordance with the provisions of the HR & CE Act. 43. We are not in doubt that all such encroachments including the encroachments made by the petitioner are to be removed by following the procedures. The origin of documents if any produced by encroachers and the correctness of the Revenue records are to be verified by the District Collector with the assistance of the Revenue Authorities. If no original documents are available in the Collectorate, then the District Collector is directed to verify the genuinity of the Revenue Records in the Office of the Commissioner of Land Administration or Commissioner of Survey and Land Records or in the archives of India or in any other Government Departments, where such original Revenue Records are available. 44. Contrarily, the documents produced to establish title in a writ proceedings cannot be adjudicated. Disputed facts are to be adjudicated with reference to the documents in original and such a roving enquiry cannot be conducted by the High Court in a writ proceedings. 45. There are several allegations that the encroachers are making money through commercial activities, since the subject properties situate in outskirts of Chennai city and the market value is running to several crores. Thus, the District Collector has to intervene and initiate all appropriate actions. 46. Clause 26 of Revenue Standing Order deals with unauthorised occupation of Government lands. Lands to which Act III of 1905 applies is to the lands, which are the property of the Government. In the present case, the unauthorised occupants of Government lands can be evicted by following the procedures as contemplated under the Tamil Nadu Land Encroachment Act, 1905. In respect of the water bodies, the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 is to be followed. 47.
In the present case, the unauthorised occupants of Government lands can be evicted by following the procedures as contemplated under the Tamil Nadu Land Encroachment Act, 1905. In respect of the water bodies, the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 is to be followed. 47. In respect of all other Government lands, 'Grama Natham' lands, threshing lands and water bodies the District Collector Chengalpattu with the assistance of the Revenue Authorities are directed to evict all the encroachments by following the procedures as contemplated under the relevant Statutes and Rules in force. Encroachers in 'Grama Natham' lands are also directed to be evicted and such 'Grama Natham' lands are to be regulated in consonance with Clause-21 of the Revenue Standing Order. 48. It is brought to the notice of this Court that the water course poramboke in Pozhichalur Village and Government Poramboke lands to a larger extent are under encroachments and the details given by the respondents reveal that the following water course poramboke and Government lands are encroached upon: 49. Several instances are brought to the notice of this Court that Pattas are granted in an illegal manner, either by tampering the revenue records or based on bogus documents. In this regard, the District Collector, Chengalpet District, is directed to initiate all appropriate legal actions including criminal prosecution against the offenders and departmental disciplinary proceedings against the officials, who have been involved in such illegalities, irregularities in dealing with the Government land, water bodies and public properties. 50. In the present case, the Competent Revenue Authorities have already identified the encroachments in water bodies, threshing lands, Government Poramboke lands and in 'Grama Natham' lands. The District Collector, Chengalpet District, is directed to evict all the encroachers from the water bodies, 'Government Poramboke lands, threshing lands and 'Grama Natham' lands by following the procedures as contemplated under the relevant Acts, Rules and the Revenue Standing Orders. In respect of 'Grama Natham' lands, the District Collector, with the approval of the Government, is directed to resume such lands, as contemplated under Clause 21 of the Revenue Standing Orders and in consonance with the procedures contemplated under the Revenue Standing Orders. 51.
In respect of 'Grama Natham' lands, the District Collector, with the approval of the Government, is directed to resume such lands, as contemplated under Clause 21 of the Revenue Standing Orders and in consonance with the procedures contemplated under the Revenue Standing Orders. 51. The entire exercise is directed to be completed by the District Collector, Chengalpattu with the assistance of the District Superintendent of Police or the Commissioner of Police as the case may be within a period of six months from the date of receipt of a copy of this order. 52. Accordingly, all the Writ Petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 53. Post the matter before this Bench for reporting compliance on 17.09.2024.