Revenue authorities cannot evict occupants from Grama Natham land under the Land Encroachment Act, Madras High Court rules

The petitioner occupied land classified as Grama Natham in S.F. No. 225/28, Naduvappatti Village.

After the Revenue Inspector issued a show-cause notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, and the petitioner submitted an explanation, the Tahsildar issued an eviction notice under Section 6 dated 09.09.2024.

The petitioner challenged that notice, contending that revenue authorities lacked jurisdiction to evict occupants from Grama Natham land.

The State’s counsel accepted that the revenue authorities had no jurisdiction to initiate eviction proceedings for alleged encroachment on Grama Natham land.

1. Whether the Tahsildar could issue an eviction notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, concerning land classified as Grama Natham.

2. Whether the impugned eviction notice should be set aside in light of the Full Bench ruling in Kaman @ Kamatchi v. The District Collector, Dindigul District.

Section 6 of the Tamil Nadu Land Encroachment Act, 1905, provides for eviction proceedings, while Section 7 provides for a prior show-cause notice.

The Court relied on the Full Bench decision in Kaman @ Kamatchi v. The District Collector, Dindigul District, 2026 (2) CTC 257, which held that revenue authorities have no power to initiate eviction proceedings in respect of land classified as Natham; an aggrieved party may pursue a remedy before the competent Civil Court.

The land was identified as Grama Natham, and the State’s counsel conceded that revenue authorities lacked jurisdiction to initiate eviction proceedings for alleged encroachment on such land.

Applying the Full Bench ruling, the Court concluded that the Tahsildar’s eviction notice could not be sustained and that any aggrieved party’s remedy lay before the competent Civil Court.

The writ petition was allowed, with no order as to costs; the connected miscellaneous petition was closed.