S.Rohit, v. State Of Tamilnadu,
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 S.Rohit S/o.Late Dr.A.Sukumar ... petitioner Vs.
1.
State of Tamil Nadu Rep. by its Principal Secretary Revenue Department, Fort St.George Secretariat, Chennai-600 009.
2.
The District Collector Office of Collectorate Kamaraj Salai, Chennai-600 001.
3.
The District Revenue Officer Office of Collectorate Chennai District, Kamaraj Salai Chennai-600 001.
4.
The Tahsildar Aminjikarai Taluk, Aminjikarai, Chennai-600 029.
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5.
The Commissioner Corporation of Chennai Ripon Building, Chennai-600 003.
6.
The Executive Engineer Zone VIII, Chennai Corporation 2nd Cross Street, (East), Pulla Avenue Shenoy Nagar, Chennai-600 030.
7.
A.Shanthi W/o.Alagasundaram 8.
P.Mangalam W/o.Sagaya Selvadoss ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 1 to 6 to take action against the 7th and 8th respondents for their illegal encroachment of water bodies, Government Poromboke land and Corporation land comprised in Old S.No.21/1B, Corresponding T.S.No.4, Old S.No.21/2, 1 (Part), corresponding T.S.No.14, Old S.No.22/8, corresponding T.S.No.10 of Periyakudal Village, Aminjikarai Taluk, Chennai District and secure the vacant possession.
For Petitioner :
Mr.P.C.Hari Kumar For Respondents :
Mr.A.Selvendran Special Government Pleader assisted by Mr.TK.Saravanan Government Advocate for R1 to R6 Page Nos.2/9
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.P.C.Harikumar, learned counsel on record for writ petitioner is before us.
3. Adverting to a representation from the writ petitioner dated 15.03.2024, learned counsel submitted that there is alleged encroachment in 'Government land comprised in T.S.No.4, T.S.No.11 and T.S.No.14 of Ward No.I, Block No.17 and the property owned by the Commissioner, Corporation of Chennai comprised in T.S.No.10, Ward No.I, Block No.17' [hereinafter 'said lands' for the sake of convenience and clarity] by R7 and R8 before us. To be noted, R7 and R8 are private respondents. Page Nos.3/9
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 R6) and putting in a safety valve / adequate protection qua private respondents i.e., R7 and R8.
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 to R6.
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 Page Nos.4/9
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.
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), Chennai Central, 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 (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 Page Nos.5/9
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.
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 Page Nos.6/9
aspect of the matter.
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 mk Page Nos.7/9
To 1.
State of Tamil Nadu Rep. by its Principal Secretary Revenue Department, Fort St.George Secretariat, Chennai-600 009.
2.
The District Collector Office of Collectorate Kamaraj Salai, Chennai-600 001.
3.
The District Revenue Officer Office of Collectorate Chennai District, Kamaraj Salai Chennai-600 001.
4.
The Tahsildar Aminjikarai Taluk, Aminjikarai, Chennai-600 029.
5.
The Commissioner Corporation of Chennai Ripon Building, Chennai-600 003.
6.
The Executive Engineer Zone VIII, Chennai Corporation 2nd Cross Street, (East), Pulla Avenue Shenoy Nagar, Chennai-600 030.
7.
The Revenue Division Officer Chennai Central.
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M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mk 07.06.2024 Page Nos.9/9