CHENNAI: Grama Natham lands cannot be allowed to be encroached by those with greed, muscle, or political power, and must be regulated by the Government for public use under the Revenue Standing Orders (RSO), said the Madras High Court.
A division bench comprising Justices SM Subramaniam and K Surender observed that exhausting the appellate remedy before the District Collector is essential in encroachment cases, as the High Court will not entertain writ petitions involving disputed facts without it. The Bench held that the writ petition was not maintainable and accordingly dismissed it.
In the plea he filed before the Madras High Court, the petitioner, Selvakumar, said he was running a shop on a piece of land that is classified as Grama Natham. The Revenue Officer of Thirukazhukundram Taluk in Chengalpattu sent a notice to the petitioner stating that he was occupying a Grama Natham land.
When he approached the court against the issuance of notice, the court noted that the government was empowered to regulate Grama Natham lands. “It is not as if any person can encroach upon Grama Natham lands and claim ownership or title. If such a situation is permitted, it would lead to lawlessness,” it said.
The government has the powers to regulate the use of Grama Natham lands, it said, adding that as per the terms in the Revenue Standing Orders, such lands are to be assigned for the construction of dwelling houses for landless/homeless poor persons and also be utilised for public purposes.
The court added that Grama Natham lands were not meant to be encroached upon by greedy persons or by any person with muscle or political power. “All such lands are to be regulated by the government in the public interest and to be utilised for the construction of dwelling houses by allotting the extent of lands as contemplated under the Revenue Standing Orders (RSO),” it said.