W.P(MD)No.14758 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2025 CORAM: THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P(MD)No.14758 of 2025 and W.M.P.(MD) No.11019 of 2025 S.Saratha ... Petitioner Vs. 1.The District Collector, Ramanathapuram District, Ramanathapuram. 2.The Tahsildar, Tahsildar Office, Keelakkarai Taluk, Ramanathapuram District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Notice dated 05.05.2025 in NA.Ka.A1/1855/2024 issued by the 2nd respondent and quash the same as illegal and consequently direct the Respondents 1 and 2 to consider the petitioner's representation dated 24.01.2025 for issuance of Patta with 1/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.14758 of 2025 respect to SF No.360/47 situate at Thiruutrakosamangai Group, Keelakkarai Taluk, Ramanthapuram District. For Petitioner : Mr.L.Prabakaran For Respondents : Mr.S.P.Maharajan Special Government Pleader O R D E R [Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ on hand has been instituted challenging an order dated 05.05.2025 passed by the second respondent viz., the Tahsildar, Keelakkarai, Ramanathapuram under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as “the Act”). 2. An appeal is contemplated under Section 10 of the Act and the petitioner has not exhausted the statutory remedy contemplated. Thus, on that sole ground itself, the writ petition is not maintainable. 3. Learned counsel for the petitioner would submit that the subject land is a grama natham and therefore, the Government cannot claim 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.14758 of 2025 ownership and the occupant of grama natham land has got a right. Therefore, the order passed under Section 6 itself is untenable. 4. Mere occupation of grama natham lands would not confer any right, unless a grant is issued by the Government in terms of R.S.O. 21. Grama natham lands are meant for construction of dwelling house, which is to be allotted by the revenue authorities to the landless poor people in terms of R.S.O. 21. 5. The issue regarding grama natham lands and the power of the Government to regulate the grama natham lands are settled by a Division Bench of this Court in the case of Tahsildar, Sankarapuram, Kallakurichi District vs. T.Elumalai and others in W.A.No.1014 of 2025, dated 03.06.2025. In the context of the legal position settled in the judgment cited supra, the petitioner cannot claim any right merely on the ground that she is in occupation of grama natham lands. Thus, there is no impediment for the authorities to proceed with the actions already initiated. 3/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.14758 of 2025 6. With the above observations, this Writ Petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [S.M.S., J.] [A.D.M.C., J.] 03.06.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No abr 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.14758 of 2025 To 1.The District Collector, Ramanathapuram District, Ramanathapuram. 2.The Tahsildar, Tahsildar Office, Keelakkarai Taluk, Ramanathapuram District. 5/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.14758 of 2025 S.M.SUBRAMANIAM, J. and DR.A.D.MARIA CLETE, J. abr W.P(MD)No.14758 of 2025 03.06.2025 6/6 https://www.mhc.tn.gov.in/judis