The Madras High Court has reaffirmed a crucial legal position regarding grama natham land, stating that when an individual occupies such land and the occupation is recognized by the State through successive transfers, it becomes private property. The court emphasized that such lands cannot be considered government property or encroachments under the law.
The court clarified that:
“Where the grama natham land is occupied and such occupation has been recognized by the State by way of successive transfers, the land is the private property of the occupant. Such lands cannot be regarded as Government property nor can they be regarded as encroachments by virtue of the exception contained in Section 2 of the Act.”
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This ruling was made while reviewing a conflicting stance taken by a division bench of Justices SM Subramaniam and K Rajasekar. Justice Anand Venkatesh criticized the earlier ruling, stating that it was in direct conflict with settled legal precedents.
The single judge expressed concern over contradictory directions issued by different benches of the High Court, warning that such inconsistencies undermine the court’s institutional authority.
“If the Division Benches of the High Court start giving contradictory directions and speak in different voices, the very edifice of the High Court, as an independent institution, will be put to peril.”
Justice Venkatesh further criticized the division bench’s directive, which suggested issuing a fresh circular similar to an earlier one that had already been declared unconstitutional. The judge stressed that a coordinate bench could not ignore a declaration of law made by an earlier division bench.
The case before the court involved multiple petitions seeking patta (land ownership documentation) for grama natham lands. The petitioners argued that previous court rulings supported the issuance of patta for occupied grama natham lands. However, the respondents relied on a division bench's decision that had ruled against granting patta for such lands.
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The Special Government Advocate contended that after the enactment of the Land Encroachment Act, 1905, all lands, including grama natham lands, became government property. It was argued that occupation alone did not confer ownership rights and that only the sovereign power of the State could grant such rights.
The court analyzed previous judicial decisions and reaffirmed that grama natham land occupied by individuals and recognized by the State does not vest with the government. However, a distinction was made between occupied and unoccupied grama natham land:
“Where the land is unoccupied, the paramount title to these lands would vest in the State to be dealt with according to the Revenue Standing Orders. Unauthorized occupation in these lands can be dealt with under the provisions of the Act.”
The court held that if a grama natham land is occupied and the occupation is officially recognized, it cannot be classified as government property. On the other hand, unoccupied grama natham land vests with the State and is subject to government regulations.
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Acknowledging that the issue had been conclusively settled through legal precedents, the court directed the Commissioner for Land Administration to issue a circular aligning with the ruling. This circular will instruct Revenue Authorities to process patta applications in accordance with the guidelines set forth by the court.
Legal Representation:
- For the Petitioners: Mr. N. Manokaran, Mr. A. Parthasarathy, Mr. R. Sathishkumar, and Ms. Vijayakumari Natarajan
- For the Respondents: Mr. Edwin Prabhakar, State Government Pleader, assisted by Mr. A. Selvendran, Special Government Pleader
Case Details:
- Case Title: NS Krishnamoorthi and Others v. The District Collector and Others
- Case Number: W.P.Nos.4936, 6015, 6514 & 6795 of 2025
