WP/35773/2026 of PALANIAMMAL Vs The District Collector on 7 September 2026

O R D E R

(Order of the Court was made by G.Jayachandran J.) The petitioner herein, based on a partition deed executed between him and his siblings, in which the property described in Survey No.183/2 is classified as Natham land, is aggrieved by the order of the first respondent dated 04.08.2026, confirming the order of the 3rd respondent to evict the petitioner from the said land.

2. According to the petitioner, the land in his possession is under the enjoyment of his family for a long period and classified as Ryotwari Natham Poramboke land. Many persons, including the petitioner, are in occupation of the Survey No.183/2 and residing over it. While so, the eviction notice issued by the third respondent under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, is illegal and unsustainable, since the Grama Natham land will not fall within the meaning of “Government Poramboke land” to take eviction proceedings under the Tamil Nadu Land Encroachment Act, 1905. When notice under Section 7 of the Act issued by the 3rd respondent, proper explanation was Page Nos.2/8

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W.P. No. 35773 of 2026 given by the petitioner on 28.07.2026, indicating the nature of the land as Grama Natham with long possession and that his right of possession cannot be disturbed by action under the Land Encroachment Act. The appeal preferred before the District Collector under Section 10 of the Act was dismissed by the impugned order dated 04.08.2026, without considering the illegality in the eviction notice.

3. According to the Learned Counsel for the petitioner, neither the objections nor the classification as per revenue records nor the pendency of the civil suit were considered by the respondents while passing the impugned order. Hence, the same is to be quashed since it violates the constitutional right enshrined under Article 300-A of the Constitution of India. That apart, the Learned Counsel also referred to the judgment of this Court in Kaman @ Kamatchi (Died) Nallasivam v. The District Collector, Dindigul District & Ors, wherein this Court has held that Grama Natham land does not vest with the Government and the provisions of the Tamil Nadu Land Encroachment Act, 1905, cannot be invoked to evict the occupants.

4. The learned Special Government Pleader appearing for the respondents submitted that the order of the 1st respondent/District Collector, passed in the appeal preferred by the writ petitioner has considered all the objections and Page Nos.3/8

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W.P. No. 35773 of 2026 challenges made by the petitioner. First of all, the petitioner is not a resident of the Grama Natham land. He has put up a cattle shed and encroached upon it. Hence, the action initiated under the Tamil Nadu Land Encroachment Act, 1905, is perfectly in accordance with law. In fact, Survey No.183/2 is classified as Grama Natham land and this Court, in W.P.No.38278 of 2025, vide order dated 25.11.2025, directed the Tahsildar of Mohanur Taluk, Namakkal and the Revenue Inspector to survey the land and remove the encroachments within a period of two months. Pursuant to the direction in the said Writ Petition, enquiry was conducted in which the petitioner participated and produced records claiming patta for the land in S.No.183/2 on the ground of long possession and the partition deed entered between the family members. His request for issuance of patta was declined.

5. Taking note of the fact that the writ petitioner, is the encroacher upon a Government Grama Natham land, and having a residential house and agricultural land measuring about 5.19 hectares (approximately 12 acres) in various survey numbers within the same village and also the land under occupation is not a residential house but a tin-sheet cattle shed, he was asked to evict. Page Nos.4/8

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W.P. No. 35773 of 2026

6. The petitioner is neither entitled for patta nor protection of his possession of the land encroached by him. The Learned Special Government Pleader also submitted that, except the partition deed, the petitioner has not produced any document to show how the lands in Survey Nos.183/2 and 183/3, which are the properties mentioned in the schedule of the partition deed, came into the possession of his family.

7. Heard the Learned Counsel for the petitioner and the Learned Special Government Pleader for the respondents.

8. The action for eviction been initiated pursuant to the order passed by this Court in W.P.No.38278 of 2025 filed by one Karuppannan. The suit filed by the petitioner before the District Court, Namakkal in O.S.No.144 of 2025 between the petitioner and the private respondents, is still pending. The prayer in the suit is for permanent injunction. The W.P.No.38278 of 2025 filed by Karuppannan, is for eviction of encroachments in the Government Poramboke land. Pursuant to the directions of this Court, survey been conducted and the encroachment is accepted by the petitioner and he has sought for patta in respect of the land in his possession, which was declined without assigning reasons. Page Nos.5/8

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W.P. No. 35773 of 2026

9. If the order of the District Collector is not satisfactory to the petitioner, he has the option of filing a revision before the Government under the Act. His plea that the Land encroachment Act will not apply to Survey No.183/2, since it is classified as Natham Poramboke, cannot be countenanced. In fact, the petitioner herein has not occupied the land for residential purposes but he has put up a cattle shed in the encroached portion. That apart, the petitioner had patta land of vast extent elsewhere, hence we find no merit in the writ petition filed to get protection of act of encroachment. If at all, the petitioner is anyway aggrieved by the order of the District Collector, further remedy of revision before the Government is provided in the Act.

10. In the result, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. (Dr. G.JAYACHANDRAN, J.) & (E.MANOHARAN J.) 07-09-2026 Index :Yes/No. Speaking/Non-speaking order Neutral Citation :Yes/No. bsm Page Nos.6/8

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W.P. No. 35773 of 2026 To,

1. The District Collector Namakkal District, Namakkal.

2. The Revenue Divisional Officer, Namakkal.

3. The Tahsildar, Mohanur Taluk, Namakkal District. Page Nos.7/8

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W.P. No. 35773 of 2026 Dr. G.JAYACHANDRAN, J. AND E.MANOHARAN, J. bsm W.P. No. 35773 of 2026 and W.M.P. No. 39983 of 2026 07-09-2026 Page Nos.8/8

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