Madras High Court
Administrative and Public LawProperty and Real Estate Law

Mere occupation of Grama Natham land creates no right; encroachments remain subject to lawful eviction.

Chandrasekaran vs the additional

Madras High CourtJUDGMENT: October 05, 20262 MIN READSOURCE JUDGMENT
Mere occupation of Grama Natham land creates no right; encroachments remain subject to lawful eviction.. Chandrasekaran vs the additional. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner sought a mandamus directing the official respondents to remove alleged encroachments by respondents 9–25 from specified survey fields in Sirulapakkam Revenue Village and restore the lands

Source reference: p. 2

The Tahsildar’s status report recorded that the fields included government lands classified as water bodies, cart tracks and other categories, and that certain encroachments had been identified.

Source reference: pp. 4–6

It also reported that the FMB sketch for Grama Natham Survey No. 69 was illegible, preventing survey and measurement of that land.

Source reference: pp. 4–6

Following inspection, Form-7 notices under the Tamil Nadu Land Encroachment Act, 1905, were issued to alleged encroachers on 3 October 2026.

Source reference: p. 7

The report further stated that the petitioner had encroached on 82 sq. metres of Survey No. 36, classified as a government poramboke water body, by erecting a wire fence; it stated that he refused service of the notice, which was then affixed at the site.

Source reference: p. 7
02

Issues

Whether the official respondents should be directed to remove the alleged encroachments from the specified government lands and restore them.

Source reference: pp. 2–3

Whether appropriate action should be taken in respect of the Grama Natham lands in accordance with Revenue Standing Order No. 21.

Source reference: pp. 3–4, 8
03

Law Applied

The Court referred to the Tamil Nadu Land Encroachment Act, 1905, under which unauthorised occupation of government land may be addressed through the prescribed statutory procedure.

Source reference: pp. 4, 6–7

It stated that mere occupation of Grama Natham land does not confer a right on the occupant and that such occupants may be evicted by following the Act’s procedures.

Source reference: p. 4

It also observed that assignment of Natham land, if authorised by government policy, is to be made only to landless poor persons for construction of dwelling houses, and directed that action concerning Natham lands be taken under Revenue Standing Order No. 21 and the applicable procedures.

Source reference: pp. 4, 8
04

Reasoning

The Court noted that the revenue authorities had commenced enforcement action, identified alleged encroachments through inspection and survey, and issued Form-7 notices to the concerned persons.

Source reference: pp. 6–7

Although the records for Survey No. 69 were insufficiently legible to permit survey and measurement, the Court directed further appropriate action rather than treating that limitation as a basis to leave the matter unresolved.

Source reference: pp. 6, 8

Given the reported encroachments and the requirement to follow statutory procedure, it ordered the official respondents to complete the necessary action, including in relation to Natham lands under RSO No. 21.

Source reference: p. 8
05

Holding

The writ petition was disposed of with a direction to the official respondents to remove all encroachments in accordance with the relevant statutes and rules within twelve weeks from receipt of a copy of the order.

For Natham lands, the authorities were directed to initiate all appropriate action under Revenue Standing Order No. 21 and follow the prescribed procedures.

Source reference: p. 8

No costs were awarded, and the connected miscellaneous petition was closed.

Source reference: p. 8
Madras High Court

Original Court PDF

Chandrasekaranvsthe additional

Madras High Court · October 05, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment