Case Note & Summary
The case involves a batch of writ petitions filed by individuals who were encroachers on government land classified as Meikal promboke (grazing land) in Survey No.78/1, Vengaivasal Village, Tambaram Taluk, Chengalpattu District. The Revenue Authorities initiated eviction proceedings under the Tamil Nadu Land Encroachment Act, 1905. A notice under Section 7 was issued, followed by a final notice under Section 6 after affording an opportunity of hearing. The encroachers appealed to the District Collector under Section 10 of the Act, but the appeal was rejected. Subsequently, they filed a revision before the Government, which was also rejected through the impugned Government Order in G.O.Ms.No.500 dated 04.08.2021. The petitioners then approached the High Court under Article 226 of the Constitution, seeking to quash the Government Order and for a direction to issue patta in their favor. The Court noted that the Government had elaborately considered the issue, including an earlier Division Bench order dated 10.10.2017 in W.P.Nos.26364 to 26376 of 2017 concerning other encroachers in the same survey number. The Court found that the petitioners had exhausted all statutory remedies and that the Government's order was based on proper application of mind. The Court held that no interference was warranted under Article 226 with the concurrent findings of fact, and dismissed all the writ petitions. The Court also observed that the government lands are valuable and cannot be allowed to be encroached upon.
Headnote
A) Land Law - Eviction of Encroachers - Tamil Nadu Land Encroachment Act, 1905, Sections 6, 7, 10 - Revision - The petitioners, who were encroachers on government Meikal promboke (grazing) land, challenged the Government Order rejecting their revision after eviction proceedings under the Act. The Court held that the petitioners had exhausted all statutory remedies and the Government had considered the matter elaborately, including an earlier Division Bench order. The writ petitions were dismissed as no interference was warranted with the concurrent findings of fact. (Paras 1-4) B) Land Law - Government Grazing Land - Meikal Pomboke - Eviction - The Revenue Authorities identified encroachments in S.No.78/1 Vengaivasal Village, Tambaram, Chenglepet District. After issuing Section 7 notice and final notice under Section 6, the District Collector rejected the appeal under Section 10. The Government rejected the revision through G.O.Ms.No.500 dated 04.08.2021. The Court upheld the eviction, noting that the lands are valuable government property. (Paras 2-4)
Issue of Consideration
Whether the impugned Government Order in G.O.Ms.No.500 dated 04.08.2021 rejecting the revision of the petitioners under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 is liable to be quashed in writ proceedings under Article 226 of the Constitution of India.
Final Decision
All the writ petitions were dismissed. The Court upheld the Government Order in G.O.Ms.No.500 dated 04.08.2021 and the eviction of the petitioners from the government grazing land.
Law Points
- Eviction of encroachers from government grazing land
- Tamil Nadu Land Encroachment Act
- 1905
- Sections 6
- 7
- 10
- Revision before Government
- Exhaustion of statutory remedies
- Writ jurisdiction under Article 226
- No interference with concurrent findings of fact
