P.Kuppusamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.06.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR P.Kuppusamy S/o.Perumal Gounder ... Petitioner vs.
1.
The District Collector Tirupattur Tirupattur District.
2.
The District Revenue Officer Tirupattur Tirupattu District.
3.
The Revenue Divisional Officer Natrampalli Taluk Tirupattur Tirupattur District.
4.
The Tahsildar Natrampalli Taluk Tirupattur Tirupattur District.
5.
Padma D/o.Kariya Gounder Page Nos.1/7
6.
Kandasamy S/o.Kariya Gounder 7.
Savithri D/o.Kariya Gounder 8.
Murugesan S/o.Kariya Gounder Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 to 4 to remove the illegal encroachment made by the respondents 5 to 8 in the Nilaviyal Pathai situated in Sy.No.167/6 admeasuring 0.8.50 ares situated at Paniyandapalli Village, Natrampalli Taluk, Tirupattur District. For Petitioner :
Mr.R.Rajarajan For Respondents :
Mr.K.Suresh Government Advocate for R1 to R4 *****
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].
Page Nos.2/7
2. Mr.R.Rajarajan, learned counsel on record for writ petitioner and Mr.K.Suresh, learned Government Advocate, for R1 to R4 are before us.
3. Adverting to a representation dated 05.12.2022 from the writ petitioner, learned counsel for writ petitioner submitted that there is alleged encroachment in 'Sy.No.167/6 admeasuring 0.8.50 ares situated at Paniyandapalli Village, Natrampalli Taluk, Tirupattur District' [hereinafter 'said land' for the sake of convenience and clarity] by R5 to R8 before us. To be noted, R5 to R8 are private respondents.
4. Considering the facts and circumstances of the case in juxtaposition with 'G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022' {hereinafter 'said GO' for the sake of convenience} which puts in place a removal of encroachment procedure inter-alia giving opportunity to alleged encroachers, we are of the view that the captioned WP can be disposed of with consent of both sides by putting in a safety valve / adequate protection qua alleged Page Nos.3/7
encroachers i.e., R5 to R8.
5. 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, captioned WP was taken up.
6. It was submitted by learned State counsel that said GO 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 point reporting / monitoring system qua Government lands.
7. In the light of the narrative thus far, we deem it appropriate to refer the matter to the Divisional Monitoring Committee headed by the Revenue Divisional Officer, Natrampalli Taluk, Tirupathur District qua said GO.
8. This Court directs the jurisdictional Divisional Monitoring Committee to examine if there is encroachment qua said land. Page Nos.4/7
9. The Divisional Monitoring Committee qua said GO shall (if it comes to the conclusion that there is encroachment) report the encroachment to appropriate authorities concerned for further action (for removal of encroachment). 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 their own merits and in accordance with law untrammelled by this proceedings in this Court. The entire exercise shall be completed within a period of 14 weeks from today i.e., by 01.10.2025.
10. It is open to the writ 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 is any change of circumstances.
11. 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. We also make it clear that this exercise will not apply to Page Nos.5/7
patta land and it will apply only to public land, if there is any encroachment in public land.
12. 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.,) (H.C.J.,) 25.06.2025 Index : Yes / No Speaking / Non-speaking mk To 1.
The District Collector Tirupattur, Tirupattur District.
2.
The District Revenue Officer Tirupattur, Tirupattu District.
3.
The Revenue Divisional Officer Natrampalli Taluk Tirupattur, Tirupattur District.
4.
The Tahsildar Natrampalli Taluk Tirupattur, Tirupattur District.
5.
The Revenue Divisional Officer Natrampalli Taluk Tirupathur District.
Page Nos.6/7
M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., mk 25.06.2025 Page Nos.7/7