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by sayum
25 March 2026 8:22 AM
“Land Encroachment Act Cannot Be Invoked Against Occupants Of Grama Natham House Sites”, In a significant ruling clarifying the legal status of Grama Natham lands, the Madurai Bench of the Madras High Court (Full Bench) held that occupied grama natham lands do not vest with the Government and therefore proceedings under the Tamil Nadu Land Encroachment Act, 1905 cannot be initiated against persons occupying such lands as house sites.
The Full Bench comprising Justice C.V. Karthikeyan and Justice P.T. Asha (majority) and Justice K.K. Ramakrishnan (dissent) delivered the judgment on 06 March 2026 in Kaman @ Kamatchi (Died) & Others v. District Collector, Dindigul & Others.
Answering the reference by majority (2:1), the Court held that grama natham historically refers to village habitation land set apart for residential occupation of villagers and such lands never vested with the State.
Justice C.V. Karthikeyan emphasised the core principle governing the dispute:
“Grama natham signifies the site of dwelling of the villagers… lands occupied as house sites were never intended to vest with the Government.”
The Court also overruled the Division Bench judgment in S. Anbananthan v. District Collector (2024) which had earlier held that grama natham lands vest with the Government.
“Grama Natham Means The Site Of Dwelling Of Villagers”: Court Explains Historical Meaning Of Natham Land
The controversy arose when the Block Development Officer of Gujiliyamparai Panchayat Union in Dindigul District initiated eviction proceedings under the Tamil Nadu Land Encroachment Act, 1905, alleging that the petitioners had encroached upon natham land.
The petitioners challenged the proceedings contending that the land in their occupation was grama natham – a traditional village house site – which never vested with the Government, and therefore they could not be treated as encroachers.
While examining the issue, the Full Bench undertook an extensive analysis of historical legal dictionaries, revenue records and classical legal texts.
The Court noted that traditional legal dictionaries described natham as:
“Ground set apart on which the house of a village may be built.”
Similarly, revenue glossaries historically defined it as:
“The site of the dwelling of the villagers as distinct from lands attached to the village.”
Based on these sources, the Court concluded that grama natham lands historically represented habitation sites meant for the residence of villagers and not Government property.
“Land Encroachment Act Applies Only To Government Property”: Court Rejects State’s Eviction Power
The Full Bench then examined the scope of the Tamil Nadu Land Encroachment Act, 1905, particularly Section 2, which identifies lands that are deemed to be Government property.
The Court observed that the Act specifically excludes house sites and backyards, and therefore it cannot be invoked in respect of lands that are used as village habitation sites.
The judgment clearly states:
“The Act is confined to unauthorised occupation of lands which are the property of the Government… house sites and backyards stand excluded.”
Accordingly, the Court held that occupied grama natham lands cannot be treated as Government land and eviction proceedings under the Land Encroachment Act are legally impermissible in respect of such lands.
“Occupation Historically Ripened Into Ownership”: Court Recognises Possessory Rights Of Occupants
The majority judgment also emphasised the historical principle of occupation as a basis of property rights.
Justice P.T. Asha observed that village habitation lands were traditionally occupied and used by villagers over generations, and such occupation gradually crystallised into ownership.
The Court remarked:
“Occupation was the first method of acquiring property and with the beginning of civilization transient possession ripened into perpetual ownership.”
Therefore, the Court held that longstanding occupation of grama natham lands for residential purposes confers possessory rights which cannot be disturbed merely on the basis of revenue classifications.
“Revenue Records Cannot Decide Ownership Of Grama Natham Land”
Another important issue addressed by the Court was the reliance placed by authorities on revenue records describing land as ‘natham poromboke’.
The Court clarified that entries in revenue records are only administrative classifications and do not determine title or ownership of land.
Justice Karthikeyan observed:
“The classification of land in revenue records cannot divest the possessory rights of those occupying grama natham lands.”
Thus, merely because a land is recorded as “natham poromboke”, the Government cannot automatically claim ownership over it.
“Failure To Distinguish Occupied And Unoccupied Natham Land Led To Incorrect Earlier Judgment”
The Full Bench strongly criticised the reasoning adopted by the Division Bench in S. Anbananthan v. District Collector (2024) which had held that grama natham lands vest with the Government.
According to the majority, the earlier judgment failed to draw the crucial distinction between occupied and unoccupied natham lands.
Justice Karthikeyan observed:
“The distinction between unoccupied Government land and occupied grama natham land had unfortunately not been examined.”
Consequently, the Full Bench declared that the ruling in Anbananthan did not lay down the correct law and overruled it.
Dissenting Opinion: “Government Land Is Not For Illegal Squatters Or Grabbers”
Justice K.K. Ramakrishnan delivered a strong dissenting opinion, holding that village site lands fall within the category of communal lands which vest with the Government under land reform statutes.
The dissent cautioned against legitimising encroachments on public land and observed:
“The Government land is not for illegal squatters or grabbers. The Court is not a paradise for mighty encroachers.”
However, the dissenting view did not prevail, and the majority judgment now settles the legal position regarding grama natham lands in Tamil Nadu.
Conclusion
The Full Bench of the Madras High Court by majority held that occupied grama natham lands do not vest with the Government, and therefore the Tamil Nadu Land Encroachment Act, 1905 cannot be invoked to evict persons occupying such lands as residential house sites.
The Court clarified that grama natham historically represents village habitation land belonging to the occupants, and Government authority is confined only to unoccupied or communal portions of such lands.
The reference was accordingly answered in favour of the occupants and the connected writ petitions were directed to be placed before appropriate benches for final adjudication.
Date of Decision: 06 March 2026
