‘Show zero tolerance towards encroachers’

Disposing a plea seeking grant of patta claiming that the said land is an ancestral property and a patta land, Justice S M Subramanian said, “It is frequently noticed that pattas are granted by some officials in a routine manner, without verifying the revenue records maintained in district administration office. Such issuance of pattas must be properly scrutinised and suitable actions are to be initiated.” 

Also noting that because of growing market value of the lands, public authorities must be vigilant in maintaining public lands, waterbodies and water resources, Justice Subramanian said, “Government land, waterbodies and water resources are to be protected and the encroachers and occupiers are to be evicted as per Tamil Nadu Encroachments Act, 1905 and the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007.” 

The petitioner A Lakshmanan contended that 0.46 cents at Illupanatham Village at Metupalayam in Coimbatore was granted to his father in 1931. Hence, the property is an ancestral one and that the entries in the revenue records were made erroneously and therefore the land must be reclassified to enable him to get patta.

But the Tahsildar submitted that the land in question was wrongly described as ‘Karadu’ in village records while in ‘A’ register the land is classified as ‘Poramboke Kallanguthu.’ Therefore, the land which is in possession and enjoyment of the writ petitioner is a Poramboke land and hence patta cannot be granted.

However, Justice Subramaniam on holding that if at all, the petitioner is the owner of the property and the land in question is a patta land, it is open to the petitioner to approach the appropriate civil court for establishing his civil rights.