Grama Natham Lands Should Be Regulated By Govt In Public Interest, Not Meant To Be Encroached By Greedy Men: Madras High Court

The bench of Justice SM Subramaniam and Justice K Surender added that the Government was empowered to regulate the natham lands and utilise them in terms of the Revenue Standing Orders for the landless or homeless.

“Therefore, the Government is empowered to regulate grama natham lands, which are to be assigned for the construction of dwelling houses in terms of the Revenue Standing Orders to landless/homeless poor persons and may also be utilised for public purposes. Grama natham lands are not meant to be encroached upon by the greedy men or by any person with muscle or political powers. All such lands are to be regulated by the Government in the public interest and to be utilised for construction of dwelling houses by allotting the extent of lands as contemplated under the RSOs,” the court said.

Also Read: When Grama Natham Land Is Occupied And Such Occupation Is Accepted By State, It Becomes Private Property; Not Encroachment: Madras HC

The court was hearing a plea filed by Selvakumar challenging the eviction order issued by the Revenue Tahsildar, Thirukuzhakundram Taluk under Section 6 of the Tamil Nadu Land Encroachment Act 1905. The petitioner had also sought directions to forbear the authorities from interfering with the peaceful possession of his property.

It was argued that the petitioner was occupying the Grama Natham land and was running a shop. He had thus claimed that the land was occupied grama natham and the government had no right over the same.

This was objected to by the Standing Counsel, who informed the court that the petitioner was running a commercial establishment in the natham land. Relying of Revenue Standing Orders 21 and 26, the counsel argued that the Government was empowered to regulate the grama natham lands.

At the outset, the court observed that a writ petition against an eviction order was not maintainable since the Act provided an appellate remedy. The court noted that the District Collector, as the appellate authority, was empowered to conduct a detailed enquiry regarding the encroachment and the aggrieved encroacher was also given an opportunity to participate in the enquiry proceedings. the court thus made it clear that it cannot decide disputed questions of facts with respect to civil rights and thus, the writ petition filed before exhausting the appellate remedy was not maintainable.

Further, relying on previous orders of the court, including a full bench judgment of the High Court in 1923, the court held that the government was empowered to regulate grama natham lands. Noting that grama natham lands could not be used for commercial establishments and the power of government to regulate, the court dismissed the plea.

Counsel for Petitioners: Mr. S. Saravanakumar

Counsel for Respondent: Mr. T. Arun Kumar Additional Government Pleader

Case Title: Selvakumar v The Additional Chief Secretary to Government and Others

Citation: 2026 LiveLaw (Mad) 203

Case No: W.P.No.39410 of 2025