Case Note & Summary
The petitioner, Mariammal, filed a writ petition before the Madras High Court challenging an order dated 15.08.2024 passed by the Thasildar (third respondent) rejecting her claim for exchange of land. The petitioner was an encroacher on government land in Kanjanaicken Patti Village, Kadaiyampatty Taluk, Salem District. The revenue authorities had identified encroachments on government lands and evicted all encroachers except the petitioner, who had made an offer to exchange her own patta land (S.No.34/2) for the government land she was occupying (S.No.34/13). The Thasildar rejected the offer, and the petitioner sought to quash that order and direct the respondents to accept the exchange. The Additional Government Pleader submitted that the government land under encroachment was valuable and the authorities were not inclined to consider the request. The court held that exchange of land cannot be claimed as an absolute right by an encroacher. The Government, being the competent authority, must accept the exchange, and a mere recommendation by the Tahsildar does not bind the Government. Since no order accepting the offer had been passed, the petitioner remained an encroacher. The court dismissed the writ petition and directed the authorities to evict the petitioner within twelve weeks following due process.
Headnote
A) Property Law - Land Exchange - Encroachment - Exchange of land cannot be claimed as an absolute right by an encroacher - The Government, being the competent authority, is to accept the exchange of land and mere recommendation by Tahsildar would not be of any avail to the petitioner to secure any orders in the writ petition - Held that the petitioner continues to be an encroacher and there is no impediment for the authorities to evict the petitioner from the Government land by following the procedures as contemplated under the relevant provisions of law (Paras 4-5).
Issue of Consideration
Whether an encroacher has an absolute right to claim exchange of land and whether the rejection of such offer is sustainable.
Final Decision
The writ petition was dismissed. The court directed the authorities to evict the petitioner from the government land within twelve weeks from the date of receipt of a copy of the order, following procedures under relevant law.
Law Points
- Exchange of land cannot be claimed as an absolute right by an encroacher
- Government is competent authority to accept exchange
- Mere recommendation by Tahsildar does not bind Government
- Encroacher continues to be encroacher until exchange accepted
- Authorities may evict encroacher following procedures under relevant law
