P.Paramasivam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI W.P.No.14473 of 2025 P.Paramasivam Petitioner vs.
1.
The District Collector Collectorate Erode District 638 011 2.
The Revenue Divisional Officer CSI Institutions Campus Chidambaram Colony Erode 638 001 3.
The Thasildar Muthur Road Modakurichi Taluk Erode District 638 104 4.
T.Parameshwaran 5.
K.Thangarasu 6.
S.Kandasamy Gounder 7.
P.Shanmugam 8.
K.Ponnusamy 9.
P.Subramani 10.
S.Senthilkumar 11.
S.Dineshkumar Page Nos.1/8
12.
M.Kandasamy 13.
P.Kathirvel 14.
K.Palanisamy Gounder Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 3 to remove the encroachment made in the Nilaviyal Vandi Pathai (bullock cart track) in Survey No.486/1 and 487/20, Velampalayam Village No.24, Modakkurichi Taluk, Erode District pursuant to the proceedings of the 1st respondent made in E-3069938/2025/OO1 dated 18.03.2025 within a time frame.
For petitioner Mr. T. Karthick Srinath for M/s. K.M. Vijayan Associates For RR 1 to 3 Mr. T.K. Saravanan Addl. Govt. Pleader
ORDER
[made by M. SUNDAR, J.] This order will now dispose of the captioned 'writ petition' ['WP' for the sake of brevity].
2.
Mr. T. Karthick Srinath, learned counsel for M/s.K.M.Vijayan Associates (Law Firm), learned counsel on record for writ petitioner, is before us.
Page Nos.2/8
3.
Adverting to a communication dated 18.03.2025 bearing reference E-3069938/2025/OO1 addressed by the first respondent to the writ petitioner, learned counsel for writ petitioner submitted that there is alleged encroachment in 'Nilaviyal Vandi Pathai (bullock cart track) in Survey No.486/1 and 487/20, Velampalayam Village No.24, Modakkurichi Taluk, Erode District' [hereinafter 'said lands' for the sake of convenience and clarity] by RR 4 to 14 before us. To be noted, RR 4 to 14 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 (RR 1 - 3) and putting in a safety valve / adequate protection qua alleged encroachers i.e., RR 4 to 14. 5.
Issue notice to official respondents, i.e., RR 1 to 3. 6.
Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for RR 1 to 3.
Page Nos.3/8
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, captioned WP was taken up.
8.
It was submitted by learned Additional 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 the Revenue Divisional Officer, Erode qua G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022.
Page Nos.4/8
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 (RR 4 to 14) 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 their own merits and in accordance with law untrammelled 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). The entire exercise shall be completed within a period of 12 weeks from today i.e., by 17.07.2025. Page Nos.5/8
12.
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. 13.
We make it clear that we have not expressed any view or opinion as to whether there is encroachment or not qua said lands 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 patta land and it will apply only to public land, if there is any encroachment in public land. 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.) 24.04.2025 cad Index :
Yes/No NC :
Yes/No Page Nos.6/8
To:
1.
The District Collector Collectorate Erode District 638 011 2.
The Revenue Divisional Officer CSI Institutions Campus Chidambaram Colony Erode 638 001 3.
The Thasildar Muthur Road Modakurichi Taluk Erode District 638 104 Page Nos.7/8
M.SUNDAR, J.
and K. GOVINDARAJAN THILAKAVADI, J.
cad 24.04.2025 Page Nos.8/8