WP/35567/2024 of S.UMAPATHY Vs THE DISTRICT COLLECTOR on 14 October 2026

O R D E R

(Order of the Court was made by S.M.Subramaniam,J.) The present Writ Petition has been filed for a direction to the respondents 1 to 4 to remove the encroachment of respondents 5 and 6 made in village site / pathway comprised in Old S.No.115/48, Part in New S.No.115/5 and 115/4 to an extent of 0300 sq.metre (7.50 Cents) situated at Alappakkam Village, Kanchipuram Taluk and District.

2. Tahsildar, Kanchipuram has filed a status report, stating that a portion of the land is classified as Natham Land and is in enjoyment of R5 and R6. As far as portion of the land classified as water body, Tahsildar states that encroachment will be removed and water body will restored.

3. However, learned counsel for the petitioner would submit that respondents 5 and 6 are ineligible for assignment and inspite of the said fact, Tahsildar has sent a proposal for assigning the land.

4. At this juncture, learned Government Advocate appearing for R1 to R4 would submit that assignment will be granted subject to eligibility under Revenue Standing Orders (RSO).

W.P.No.35567 of 2024

5. In respect of Natham lands, it is to be regulated by Government under RSO 21. Mere occupation of Natham Land without any authority of Law is to be construed as encroachment and RSO itself stipulates that such encroachers are to be removed by following procedures as contemplated under the Tamil Nadu Land Encroachment Act, 1905. Therefore, no one can occupy Natham land and claim right over the same without any authority of law. Such unobjectionable natham lands not utlized for public purposes may be assigned in favour of landless / homeless poor persons to the extent as stated in the RSOs. Only on such assignment, homeless poor people may construct dwelling houses. However, all these assignments are to be regulated only in accordance with terms and conditions stipulated under RSO.

6. Learned counsel for the petitioner would submit that respondents 5 and 6 are landlords and owning properties in that locality and therefore, they are not eligible for assignment of Government lands at free of cost.

7. The above facts are to be verified by competent authority before submitting proposal and grant of assignment in favour of occupants of natham land. If occupants are found to be owning lands, those persons are to be construed as encroachers and by following

W.P.No.35567 of 2024

procedures, they are to be evicted from Government land and the land is to be used for public purpose or to be assigned to homeless poor people.

8. In view of the said factum, Official respondents 1 to 4 are directed to consider all these issues in the context of RSO and encroachments, if any identified are directed to be removed by following procedures as contemplated under relevant statute and Rules in force. The entire exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order. With the above observations and directions, the present Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. (S.M.S.,J.) (R.R.V.,J.) 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AR

W.P.No.35567 of 2024

To:

1. The District Collector, Kanchipuram District, Kanchipuram - 631 501.

2. The Revenue Divisional Officer, Kanchipuram - 631 501.

3. The Tahsildar, Kanchipuram Taluk, Kanchipuram District, Kanchipuram - 631 501.

4. The Assistant Director of Village Panchayats, Kanchipuram District, Kanchipuram - 631 501.

W.P.No.35567 of 2024

S.M.SUBRAMANIAM,J. AND R.RAJESH VIVEKANANTHAN,J. AR W.P.No.35567 of 2024 14-10-2026