Possession of govt land for long time doesn't give right over it: Madras High Court

CHENNAI: Holding that no individual has any right to claim a government land merely on the ground of being in possession of it for a long period, the Madras High Court directed the State to evict individuals who had constructed commercial buildings on a temple pathway, blocking the public's movement.

Such encroaching individuals cannot seek to be treated at par with persons who were granted patta to the government poramboke land much earlier, a division bench of Justices M Sundar and K Rajasekar held while dismissing a petition seeking patta to the government land.

It is a well-settled principle that no persons have the right to claim the assignment of lands on the basis of continuous possession, unless they fall within the eligibility criteria of a welfare scheme, wrote the bench.

The government has the absolute right to decide how to utilise poramboke lands reserved for public purpose, the bench held.

Hence, the bench directed the revenue department to continue with the proceedings by evicting individuals from the government land.

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The petition was moved by three individuals -- Rukumani, TS Kumar and C Dhanapal -- challenging the eviction proceedings and claiming the government land on the sole ground of being in possession of it since 1967.

Senior counsel V Raghavachari for petitioners claimed that his clients are paying house tax, electricity consumption charges and water tax for the buildings and sought to quash the eviction order.

Government advocate TK Saravanan contended that the petitioners are encroaching the pathway of Arulmigu Thindal Murugan temple, which is situated on the Erode-Perundurai highway.

He submitted that since they constructed commercial buildings and leased out some portions of the land for commercial activities, and generating income, the petitioners cannot claim any right over the title of the land.

Several individuals were in possession of government poramboke land near Thindal Murugan temple for several decades. In 2006, some of the individuals were granted patta to the government land as they were in possession for a long period.

Since the petitioners were not given patta, they moved the HC, seeking issuance of patta. In 2011, the HC directed the revenue department to consider the representation.

However, the petitioners did not approach the authorities with relevant documents for implementing the court's order.

After the matter was kept in the cold storage for several years, in June 2024, the revenue divisional officer, Erode, issued a show-cause notice to the petitioners regarding the encroachment.

The petitioner responded by seeking the issuance of patta.

However, the revenue divisional officer rejected their request and issued an eviction order under the eviction act.