Case Note & Summary
The petitioner, Mariammal, filed a writ petition challenging an order dated 15.08.2024 passed by the Thasildar (3rd respondent) rejecting her claim for exchange of land. The petitioner was an encroacher on government land in S.No.34/2, Kanjanaicken Patti Village, Kadaiyampatty Taluk, Salem District. Revenue authorities identified encroachments on government lands and evicted all encroachers except the petitioner, who offered to exchange her own land for the encroached government land. The Tahsildar recommended the exchange, but the Government did not accept the offer. The petitioner sought to quash the rejection order and direct the respondents to accept her patta land in exchange. The court held that exchange of land cannot be claimed as an absolute right by an encroacher. The Government, being the competent authority, is not bound to accept the offer, and a mere recommendation by the Tahsildar does not entitle the petitioner to any relief. Since no order accepting the exchange was passed, the petitioner remains an encroacher. The court directed the authorities to evict the petitioner from the government land within twelve weeks by following due process, as other encroachers had already been evicted. The writ petition was dismissed with no costs.
Headnote
A) Land Law - Encroachment - Exchange of Land - No Absolute Right - Encroacher cannot claim exchange of land as an absolute right; the Government, as competent authority, may accept or reject the offer. Mere recommendation by Tahsildar does not entitle the petitioner to any relief. (Paras 4-5) B) Land Law - Encroachment - Eviction - Procedure - Encroacher who has not obtained acceptance of exchange offer continues to be an encroacher and is liable to be evicted following procedures under relevant law. (Para 5)
Issue of Consideration
Whether an encroacher has an absolute right to claim exchange of land and whether the rejection of such offer is valid.
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 is not binding
- Encroacher continues to be an encroacher until exchange is accepted
- Eviction must follow procedures under relevant law
