Facts
The petitioner occupied land in Survey No. 840/39, Kottanatham Village, which he claimed was classified as Adi Dravidar Natham.
Source reference: p. 2, para. 1After he sought patta, the authorities issued a notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, and subsequently an eviction notice dated 12 June 2024.
Source reference: p. 2, para. 1The petitioner challenged that notice and sought protection from eviction pending consideration of his patta representations.
Source reference: p. 3, para. 3The State submitted that no such classification appeared in the revenue records, but accepted that revenue authorities lacked jurisdiction to initiate eviction proceedings for alleged encroachment on Grama Natham land.
Source reference: p. 4, para. 5Issues
Whether the revenue authorities could sustain eviction proceedings against the petitioner in respect of the land claimed to be Natham
Source reference: p. 4, paras. 4–6Whether the petitioner’s remedy, if a party was aggrieved by his occupation, lay before the competent Civil Court
Source reference: p. 4, para. 4; p. 5, para. 7Law Applied
Section 7 of the Tamil Nadu Land Encroachment Act, 1905, was the statutory basis cited for the notice issued to the petitioner.
Source reference: p. 2, para. 1The 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.
Source reference: p. 4, para. 4; p. 5, paras. 6–7Reasoning
The Court considered the State’s submission that the revenue authorities lacked jurisdiction to evict an alleged encroacher from Grama Natham land, together with the Full Bench ruling in Kaman @ Kamatchi.
Source reference: p. 4, para. 5; p. 5, para. 6On that basis, it held that the challenged eviction proceedings could not be sustained, notwithstanding the State’s assertion that the revenue records did not show the claimed Adi Dravidar Natham classification.
Source reference: p. 4, para. 5; p. 5, para. 6Holding
The Court set aside the eviction notice dated 12 June 2024 and left it open to aggrieved parties to seek relief before the competent Civil Court in accordance with law.
The writ petition was allowed without costs, and the connected miscellaneous petitions were closed.
Source reference: p. 5, para. 8Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Tamil Nadu Land Encroachment Act, 19051
Original Court PDF
RajagopalvsThe District Collector
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
