D.Suresh Kumar, v. State Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.07.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI D.Suresh Kumar S/o.Mr.Damodaran ... petitioner Vs.
1.
State of Tamil Nadu Rep. by its Secretary Department of Revenue (Land Development) Fort St.George Chennai-600 009.
2.
The District Collector Chengalpattu District Chengalpattu - 606 202.
3.
Revenue Divisional Officer (RDO) Maduranthakam Taluk Maduranthakam Chengalpattu District - 606 202.
4.
Block Development Officer (BDO) Maduranthakam Panchayat Union Maduranthakam Page Nos.1/8
Chengalpattu District - 606 202.
5.
The Tahsildar Maduranthakam Taluk Maduranthakam Chengalpattu District - 606 202.
6.
Head Surveyor Maduranthakam Taluk Maduranthakam Chengalpattu District - 606 202.
7.
Dahanalakshmi W/o.Mr.Jayaraman 8.
J.Ambedkar W/o.Mr.Jayaraman ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 6th respondent survey the land in Old S.No.247/4, New Survey No.335/3 and direct the respondents 1 to 6 to laid the pacca road in existing dirt and sand road and to remove the compound wall encroached in Old S.No.247/4, New Survey No.335/3 in Periya Venmani Village, Madurantakam Taluk, Chengalpattu District as per representations dated 03.05.2018 and 02.05.2023. For Petitioner :
Mr.B.Senthil Kumar For Respondents :
Mr.P.Balathandayutham Special Government Pleader for R1 to R3, R5 and R6 Mr.G.Nanmaran Special Government Pleader for R4 Page Nos.2/8
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of the captioned 'Writ Petition' ['WP' for the sake of brevity].
2. Mr.B.Senthilkumar, learned counsel on record for writ petitioner is before us.
3. Adverting to representations from the writ petitioner dated 03.05.2018 and 02.05.2023, learned counsel submitted that there is alleged encroachment in 'Old S.No.247/4, New Survey No.335/3, Periyavenmani Village, Madurantakam Taluk, Chengalpattu District' [hereinafter 'said land' for the sake of convenience and clarity] by R7 and R8 before us. To be noted, R7 and R8 are private respondents.
4. Considering the obtaining position, we are of the view that the captioned WP can be disposed of by ordering notice to official respondents Page Nos.3/8
(R1 to R6) and putting in a safety valve / adequate protection qua private respondents i.e., R7 and R8.
5. Issue notice to official respondents i.e., R1 to R6.
6. Mr.P.Balathandayutham, learned Special Government Pleader accepts notice for R1 to R3, R5 and R6. Mr.G.Nanmaran, learned Special Government Pleader accepts notice for R4.
7. In the light of what has been alluded to supra and considering the limited scope of the captioned WP, with the consent of both sides, main WP was taken up.
8. It was submitted by learned Special Government Pleader that G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022 has been put in place, wherein and whereby Divisional Monitoring committee, District Monitoring Committee and State Steering Committee have been constituted inter alia for a single Page Nos.4/8
point reporting / monitoring system qua Government lands.
9. In the light of the narrative thus far, we deem it appropriate to refer the matter to the Divisional Monitoring Committee headed by Revenue Divisional Officer (RDO), Maduranthakam, in the light of G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022.
10. This Court directs the jurisdictional Divisional Monitoring Committee to examine if there is encroachment qua said land. The Divisional Monitoring Committee shall also ensure that adequate and ample opportunity is given to persons concerned more particularly alleged encroachers (R7 and R8) before taking a call. In this regard, we are acutely conscious that the matter is being disposed of in Admission Board without notice to alleged encroachers and therefore, this safety valve is put in place. To be noted, all the rights and contentions of alleged encroachers are preserved for being raised before the Committee concerned which shall consider the same on its own merits and in accordance with law Page Nos.5/8
untrammeled by this proceedings in this Court.
11. The Divisional Monitoring Committee qua G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022, shall (if it comes to the conclusion that there is encroachment) report the encroachment for further action (for removal of encroachment which again shall be after giving adequate and ample opportunity to alleged encroachers).
12. It is open to the WP petitioner and or anyone concerned with this matter to come to this Court on the same issue even with a similar / same prayer if there are any change of circumstances.
13. We make it clear that we have not expressed any view or opinion as to whether there is encroachment or not qua said land as it turns on facts and it is for the Divisional Monitoring Committee to take a call on this aspect of the matter.
Page Nos.6/8
14. Captioned WP is disposed of with the aforementioned observations and directives in the aforesaid manner. There shall be no order as to costs.
(M.S.,J.) (K.G.T.,J.) 18.07.2024 Index : Yes/No Speaking / Non-speaking order mk To 1.
State of Tamil Nadu Rep. by its Secretary Department of Revenue (Land Development) Fort St.George, Chennai-600 009.
2.
The District Collector Chengalpattu District Chengalpattu - 606 202.
3.
Revenue Divisional Officer (RDO) Maduranthakam Taluk, Maduranthakam Chengalpattu District - 606 202.
4.
Block Development Officer (BDO) Maduranthakam Panchayat Union Maduranthakam, Chengalpattu District - 606 202. 5.
The Tahsildar Maduranthakam Taluk, Maduranthakam Chengalpattu District - 606 202.
6.
Head Surveyor Maduranthakam Taluk, Maduranthakam Chengalpattu District - 606 202.
Page Nos.7/8
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mk 18.07.2024 Page Nos.8/8