Ramasamy, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.06.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI Ramasamy S/o.Arunachalam ... Petitioner Vs.
1. The District Collector Collectorate Coimbatore
2. The Tahsildar Annur Taluk Office Annur Coimbatore District
3. The Executive Officer Annur Town Panchayat Coimbatore
4. Chenna Kannan
5. Chandran
6. Jagadeesh Page Nos.1/8
7. Shanmugasundaram
8. Bhuvana 9.A.N.Palanisamy ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing Respondents 1 to 3 to take necessary action on his representation dated 26.02.2024 and direct the respondents 1 to 3 to remove the encroachment made by respondents 4 to 9 on south northern road in S.F.No.511/7, Annur Village, Annur Taluk, Coimbatore District at the vacant piece which is measuring an extent of 636 sq.feets in S.F.No. 511/7, Annur Village, Annur Taluk, Coimbatore District within time as stipulated by this Court.
For Petitioner :
Mr.M.Saravanakumar For Respondents :
Mr.A.Selvendran Special Government Pleader assisted by Mr.TK.Saravanan Government Advocate for R1 and R2 Mr.K.Surendran Addl. Government Pleader for R3 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.M.Saravanakumar, learned counsel on record for writ petitioner is before us.
3. Adverting to a representation from the writ petitioner dated 26.02.2024, learned counsel submitted that there is alleged encroachment in 'Road situated in S.F.No. 511/7, Annur Revenue Village, Annur Taluk, Coimbatore District' [hereinafter 'said land' for the sake of convenience and clarity] by R4 to R9 before us. To be noted, R4 to R9 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 (R1 to R3) and putting in a safety valve / adequate protection qua private respondents i.e., R4 to R9.
Page Nos.3/8
5. Issue notice to official respondents.
6. Mr.A.Selvendran, learned Special Government Pleader assisted by Mr.T.K.Saravanan, learned Government Advocate accepts notice for R1 and R2 and Mr.K.Surendran, learned Additional Government Pleader accepts notice for R3.
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 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 point reporting / monitoring system qua Government lands. Page Nos.4/8
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), Coimbatore North 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 lands. The Divisional Monitoring Committee shall also ensure that adequate and ample opportunity is given to persons concerned more particularly alleged encroachers (R4 and R9) 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 untrammeled by this proceedings in this Court. Page Nos.5/8
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 are not expressing 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.) 07.06.2024 Index : Yes / No Speaking / Non-speaking gpa To
1. The District Collector Collectorate Coimbatore
2. The Tahsildar Annur Taluk Office Annur Coimbatore District
3. The Executive Officer Annur Town Panchayat Coimbatore
4. The Revenue Divisional Officer (RDO), Coimbatore North Coimbatore Page Nos.7/8
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., gpa 07.06.2024 Page Nos.8/8