Grama Natham - who are already in occupation of the village Natham or Gramanatham are the absolute owners having title to dispose of the same - Notice under section 7 issued by Tahsildar quashed - Public Street in grama natham belonging to government,can clear encroachment - Any land that does not yield revenue is known as Poramboke

Citation 

(2024) 1 MLJ 21

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Hon'ble Chief Justice Sanjay V. Gangapurwala Hon'ble Mr. Justice D. Bharatha Chakravarthy

 W.P.No. 25608 of 2023

22nd November, 2023

R.A.V. Kovil Annayya Charities, Rep. by its Managing Trustee, C. Narasimha Swamy snit ind ... Petitioner

Versus musten District Collector, Collectorate Office, Tiruvallur and Others

...Respondents

(A) Property Laws - Gramanatham land - Power of the State to remove alleged encroachment - Land Encroachment Act, 1905, Sections 2, 6 and 7 - Gramanatham or Natham Poramboke can be classified into three types (i) Natham which is inhabited by the villagers by putting up their house or being their pilakadai or kollai : This is their absolute property and the Government does not have any right, title or interest in the same (ii) Gramanatham lands used for communal purposes such as streets, thrashing floors etc which, by Section 2 of the Land Encroachment Act, 1905, become Government interest lands to be classified as other types of Poramboke, in which, no individual can claim any title and any encroachment can be removed by invoking the provisions of the said Act and (iii) unoccupied portion of the Gramanatham land, in which the right is vested with the Government to regulate its occupation following the Revenue Standing Orders Consequently, those who are already in occupation of the village Natham or Gramanatham are the absolute owners having title to dispose of the same (Paras 18, 20 & 21) - Notice under Section 6 and the order of the Tahsildar rejecting the objections of the petitioner under Section 7 of the Land Encroachment Act, 1905 quashed Petition allowed. 

(B) Property Laws - Poramboke Lands - Effect of entries in the Resettlement Register - Merely because the resettlement register describes Gramanatham lands as poramboke that, by itself, will not establish the title of the Government to the land in question - Any land that does not yield revenue is known as Poramboke - The word "Poramboke" as twin connotations: firstly, it would mean the lands which are used for public or communal purposes, secondly, it would include the land which does not yield any revenue to the Government (Paras 14 and 19).