WP/43076/2025 of PERUMAL Vs THE DISTRICT COLLECTOR on 7 October 2026

O R D E R

(Order of the Court was made by S.M.Subramaniam J.) This Writ Petition has been filed for a direction to the respondents 1 to 5 to remove the encroachment / unauthroized construction put up by the 6th respondent in Natham Land, comprised in Old S.No.433, New Natham S.No.433/18, situated at Velam Village, Walajah Nagar, Sholinghar Taluk, Ranipet District, by considering petitioner's representation dated 15.07.2025.

2. Learned Special Government Pleader appearing for R1 to R5 would submit that land in occupation of R6 is classified as "Natham Land". However, Government has not granted any assignment.

3. In respect of Natham Lands, the provisions of the 1905 Act would apply in view of the terms and conditions stipulated under Revenue Standing Orders 21(1) read with 26(1), which reads as under: “RSO 21(1) A General (i) Scale of grant :- Portions of grama natham or village site at the disposal of Government, not being land required for the common use of the villagers, may be granted for building purposes to bonafide applicants. The maximum extent that could be assigned to any applicant for building houses is 1.25 ares. But the Tahsildars have discretion to grant a smaller extent in special circumstances, if, for instance the grant of an extent of 1.25 ares would encroach too much upon the area available for future assignments or the extent encroached upon already is less than 1.25 ares. In cases, where the extent is more than 1.25 ares and where it cannot conveniently be sub-divided for grant to another person assignment may be ordered under this R.S.O on collection of market value as per the norms fixed by the Government, from time to time. The assignment in all cases shall be subject to the conditions of the orders of the assignment referred to in paragraph 7 below. Note: - In this Standing Order, the designation Tahsildar includes Special Tahsildar employed for assignment work. 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 income does not exceed Rs.12,000/- per annum. G.O.Ms.No.281. Rev.dt 16.3.95 People belonging to the Scheduled Castes and Scheduled Tribes are to be given priority in assigning house sites. RSO 26(1) "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 “takes 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 “lands which are the property of Government” as defined in Section 2of 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."

4. A combined reading of RSOs 21 & 26 would reiterate that Government is empowered to regulate grama natham lands. It is not as if any person can encroach upon the grama Natham lands and claim ownership or title. If such a situation is permitted, it would lead to lawlessness. That apart, this Court has elaborately considered the Full Bench judgement of this Court delivered in the year 1923. Therefore, the Government is empowered to regulate grama natham lands, which are to be assigned for the construction of dwelling houses in terms of the Revenue Standing Orders to landless/homeless poor persons and may also be utilised for public purposes.

5. Learned counsel for the petitioner would submit that 6th respondent has constructed building unauthorizedly.

6. In respect of unauthorized construction made without obtaining building plan approval, Commissioner, Sholinghur Municipality / R3 has to initiate all appropriate action by conducting inspection in the manner as contemplated under Act and Rules made thereunder. Respondents 1 to 5 are directed to conduct inspection / survey and initiate all appropriate action in the manner known to law by following procedures as contemplated. With the above observations and directions, the present Writ Petition is disposed of. No costs. (S.M.S.,J.) (R.R.V.,J.) 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AR

S.M.SUBRAMANIAM,J. AND R.RAJESH VIVEKANANTHAN,J. AR To:

1. The District Collector, District Collectorate, Ranipet District.

2. The Revenue Divisional Officer Sholinghur Taluk, Ranipet District.

3. The Commissioner, Sholinghur Municipality, Ranipet District.

4. The Assistant Director of Town and Country Planning, District Collectorate Building, Ranipet District.

5. The Tahsildhar, Sholinghur Taluk, Ranipet District.

07-10-2026