Don’t deny patta to grama natham lands occupied by individuals, Madras HC tells State
The patta should be considered with the limitation related to whether it’s unoccupied land or occupied land,” held Justice N Anand Venkatesh while disposing of a batch of petitions.
Madras High Court
CHENNAI: Private individuals enjoying government poramboke land that’s classified as ‘grama natham’ cannot be denied patta for the lands, held the Madras High Court, and directed the State government to grant patta to the individuals occupying these lands.
“Tahsildars need not reject the application of individuals seeking patta only on the grounds that the land is classified as grama natham or by citing the ceiling limits. The patta should be considered with the limitation related to whether it’s unoccupied land or occupied land,” held Justice N Anand Venkatesh while disposing of a batch of petitions.
He raised a judicial question – “Is the State owner of the soil? Or was it merely entitled to a share in the produce from the soil?” The special government pleader A Selvendran for the State submitted that these lands were not exempted from the Land Encroachment Act, 1905. “Hence, nobody can occupy a grama natham land and declare himself to be the owner of the land,” he added.
Justice Venkatesh referred the full bench judgment from Madathapu Ramaya vs Secretary of State for India, 1903. “The bench had found that the law gave the government power only to recover arrears of land revenue and nothing more,” he wrote.
The judge heard a batch of four petitions with similar requests seeking grant of patta to the land in which they are in long enjoyment. All petitions were moved by private individuals from Krishnagiri, Tirupur and Tiruvannamalai alleging that they were denied patta.
One of the petitioner NS Krishnamoorthi from Thenkanikottai, Krishnagiri, alleged that his grandfather had received the land from partition and that his family had been in possession of the land since 1951. Despite that, the land administration commissioner had passed an order in 2021 denying patta, he said. Aggrieved by the order, he moved a petition which was allowed by a single judge and ordered to consider his representation.
However, the revenue tahsildar rejected his application as he could not grant patta for more than 3 cents. Justice Venkatesh rejected the tahsildar’s stand and held that no land ceiling limits should be considered while scrutinising patta application.
