(1.) Kaman @ Kamatchi had filed W.P.(MD).No. 19720 of 2017 in the nature of a certiorari seeking records relating to an order of the fourth respondent, the Block Development Officer cum Executive Officer, Gujiliyamparai Panchayat Union, Vedasandur Taluk at Dindigul District in Na.Ka.No.1088/2017/D3 dtd. 19/10/2017 and to quash the same.
(2.) The said order had been passed by the fourth respondent taking recourse to the provisions under the Land Encroachment Act, 1905 holding that the writ petitioner had encroached upon natham land in Vedapatti Village in Gujiliyamparai Panchayat Union and consequently issuing a direction to the Revenue Officials to evict the writ petitioner from the premise under his occupation.
(3.) The Writ Petition came up for consideration before a Division Bench comprising of the then Chief Justice [K.R.Shriram, CJ] and Hon'ble Mrs. Justice S.Srimathy, on 20/6/2025. The Division Bench expressed an opinion that conflicting Judgments have been rendered on the issue whether grama natham lands vest with the Government or do not vest with the Government. If they vest with the Government then the authorities had the right to invoke the provisions of the Land Encroachment Act 1905 and if they do not. then, the Officials cannot invoke the provisions of the said Act. The central issue also was whether the provisions of the said Act could be invoked with respect to occupied grama natham lands.
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