S.Karthik 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 S.Karthik ... Petitioner Vs.
1. The District Collector Thiruvannamalai District Thiruvannamalai
2. The District Revenue Officer O.o. District Revenue Office Cheyyaru Thiruvannamalai District
3. The Tahsildar Chetpet Taluk Thiruvannamalai District
4. The Block Development Officer Peranarnallur Thiruvannamalai District Page Nos.1/8
5. The President Peranarnallur Panchayat Union Peranarnallur Thiruvannamalai District
6. E.Anandababu ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing Respondents 1 to 5 to remove the illegal encroachment of 6th respondent from S.No.432/85, Kozhappalur Village Road, Peranarnallur Panchayat, Thiruvannamalai District.
For Petitioner :
Mr.K.Perumal Swamy For Respondents :
Mr.A.Selvendran Special Government Pleader assisted by Mr.TK.Saravanan Government Advocate for R1 to R3 Mr.T.N.C.Kaushik Addl. Govt. Pleader for R4 and R5
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.K.Perumal Swamy, learned counsel on record for writ petitioner Page Nos.2/8
is before us.
3. Adverting to a representation from the writ petitioner dated 10.04.2023, learned counsel submitted that there is alleged encroachment in 'Road Poramboke land in S.No.432/85, Kozhappalur Village Road, Peranarnallur Panchayat, Thiruvannamalai District' [hereinafter 'said land' for the sake of convenience and clarity] by R6 before us. To be noted, R6 is private respondent.
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 R5) and putting in a safety valve / adequate protection qua private respondent i.e., R6.
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 R3 and Mr.T.N.C.Kaushik, learned Additional Government Pleader accepts notice for R4 and R5.
7. In the light of what has been alluded to supra and considering the Page Nos.3/8
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.
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), Thiruvannamalai 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 encroacher (R6) before taking a call. In this regard, we are acutely Page Nos.4/8
conscious that the matter is being disposed of in Admission Board without notice to the alleged encroacher and therefore, this safety valve is put in place. To be noted, all the rights and contentions of alleged encroacher 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.
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 the alleged encroacher).
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. Page Nos.5/8
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.
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 Page Nos.6/8
To
1. The District Collector Thiruvannamalai District Thiruvannamalai
2. The District Revenue Officer O.o. District Revenue Office Cheyyaru Thiruvannamalai District
3. The Tahsildar Chetpet Taluk Thiruvannamalai District
4. The Block Development Officer Peranarnallur Thiruvannamalai District
5. The President Peranarnallur Panchayat Union Peranarnallur Thiruvannamalai District
6. The Revenue Divisional Officer Thiruvannamalai Page Nos.7/8
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., gpa 07.06.2024 Page Nos.8/8