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2025 DAILYLAW 169339 (MAD)

Arumugam v. The District Collector

WP(MD)/101/2025 · 2025-06-04

A D Maria Clete, S M Subramaniam

Transfer Petitionbody2025

Judgment text

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W.P.(MD)No.101 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2025 CORAM: THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P.(MD)No.101 of 2025 and W.M.P.(MD)No.90 & 91 of 2025 Arumugam ... Petitioner Vs. 1. The District Collector, Pudukkottai District. 2. The Revenue Divisional Officer, Illupur Post and Taluk, Pudukkottai District. 3. The Tahsildar, Kulathur Taluk, Pudukkottai District. 4. The Block Development Officer, Kunandarkovil Panchayat Union, Kulathur Taluk, Pudukkottai District. 1/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.101 of 2025 5. The President, Kulathur Village Panchayat, Kulathur Post and Taluk, Pudukkottai District. 6. M.Jeyarani ...Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records relating to the impugned order dated 12.12.2024 passed by the 3rd respondent and quash the same as illegal and arbitrary. For Petitioner : Mr.P.Ganapathi Subramanian For R1 to R4 : Mr.J.Ashok Additional Government Pleader For R5 : Mr.K.Arun Raj For R6 : No appearance ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) The notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 is under challenge in this Writ Petition. 2.Admittedly, the petitioner is in occupation of the grama natham land. Grama natham lands are to be allotted only to landless poor people based on the 2/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.101 of 2025 eligibility criteria as contemplated under the Tamil Nadu Revenue Standing Order (RSO) 21. Thus, mere occupation would not confer any right, title or ownership of grama natham land. The issue regarding grama natham lands and power of the Government to regulate grama natham lands in terms of RSO 21 have been elaborately considered and legal principles are settled by the 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. 3.In view of the fact that the petitioner is an encroacher and not assigned with grama natham land by the revenue authorities in terms of RSO 21, the revenue authorities are empowered to evict the encroacher by following the procedures as contemplated under the provisions of the Act. Thus, this Court do not find any irregularity or infirmity in respect of the impugned order and therefore, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S., J.) & (A.D.M.C., J.) 04.06.2025 NCC : Yes / No Index : Yes / No Yuva 3/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.101 of 2025 To:- 1. The District Collector, Pudukkottai District. 2. The Revenue Divisional Officer, Illupur Post and Taluk, Pudukkottai District. 3. The Tahsildar, Kulathur Taluk, Pudukkottai District. 4. The Block Development Officer, Kunandarkovil Panchayat Union, Kulathur Taluk, Pudukkottai District. 4/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.101 of 2025 S.M.SUBRAMANIAM, J. AND DR.A.D.MARIA CLETE, J. Yuva W.P.(MD)No.101 of 2025 04.06.2025 5/5 https://www.mhc.tn.gov.in/judis