Madras High Court

S.Saratha vs The District Collector on 3 June, 2025

Author: S.M.Subramaniam

Bench: S.M.Subramaniam

                                                                                       W.P(MD)No.14758 of 2025



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 03.06.2025

                                                        CORAM:

                            THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
                                               AND
                             THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

                                           W.P(MD)No.14758 of 2025
                                                     and
                                          W.M.P.(MD) No.11019 of 2025

                     S.Saratha                                                             ... Petitioner

                                                              Vs.

                     1.The District Collector,
                       Ramanathapuram District,
                       Ramanathapuram.

                     2.The Tahsildar,
                       Tahsildar Office, Keelakkarai Taluk,
                       Ramanathapuram District.                                           ... Respondents


                     PRAYER: Writ Petition filed under Article 226 of the Constitution of

                     India, praying this Court to issue a Writ of Certiorarified Mandamus, to

                     call for the records pertaining to the Impugned Notice dated 05.05.2025

                     in NA.Ka.A1/1855/2024 issued by the 2nd respondent and quash the same

                     as illegal and consequently direct the Respondents 1 and 2 to consider

                     the petitioner's representation dated 24.01.2025 for issuance of Patta with

                     1/6




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                                                                                             W.P(MD)No.14758 of 2025



                     respect to SF No.360/47 situate at Thiruutrakosamangai Group,

                     Keelakkarai Taluk, Ramanthapuram District.


                                        For Petitioner         :        Mr.L.Prabakaran

                                        For Respondents :               Mr.S.P.Maharajan
                                                                        Special Government Pleader

                                                              ORDER

[Order of the Court was made by S.M.SUBRAMANIAM, J.]

The writ on hand has been instituted challenging an order dated

05.05.2025 passed by the second respondent viz., the Tahsildar,

Keelakkarai, Ramanathapuram under Section 6 of the Tamil Nadu Land

Encroachment Act, 1905 (hereinafter referred to as “the Act”).

2. An appeal is contemplated under Section 10 of the Act and the

petitioner has not exhausted the statutory remedy contemplated. Thus,

on that sole ground itself, the writ petition is not maintainable.

3. Learned counsel for the petitioner would submit that the subject

land is a grama natham and therefore, the Government cannot claim

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ownership and the occupant of grama natham land has got a right.

Therefore, the order passed under Section 6 itself is untenable.

4. Mere occupation of grama natham lands would not confer any

right, unless a grant is issued by the Government in terms of R.S.O. 21.

Grama natham lands are meant for construction of dwelling house, which

is to be allotted by the revenue authorities to the landless poor people in

terms of R.S.O. 21.

5. The issue regarding grama natham lands and the power of the

Government to regulate the grama natham lands are settled by a Division

Bench of this Court in the case of Tahsildar, Sankarapuram,

Kallakurichi District vs. T.Elumalai and others in W.A.No.1014 of

2025, dated 03.06.2025. In the context of the legal position settled in the

judgment cited supra, the petitioner cannot claim any right merely on the

ground that she is in occupation of grama natham lands. Thus, there is

no impediment for the authorities to proceed with the actions already

initiated.

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6. With the above observations, this Writ Petition stands dismissed.

However, there shall be no order as to costs. Consequently, connected

miscellaneous petition is closed.

                                                                          [S.M.S., J.]     [A.D.M.C., J.]
                                                                                  03.06.2025

                     Index:Yes/No
                     Internet:Yes/No
                     NCC:Yes/No

                     abr









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                     To

                     1.The District Collector,
                       Ramanathapuram District,
                       Ramanathapuram.

                     2.The Tahsildar,

Tahsildar Office, Keelakkarai Taluk, Ramanathapuram District.

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S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE, J.

abr

03.06.2025

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