S.Rohit v. District Monitoring Committee
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR S.Rohit ... Petitioner Vs.
1.District Monitoring Committee rep. By its Chairman-District Collector, O/o.The Collectorate, Singaravelar Maligai, Chennai - 600 001.
2.District Monitoring Committee rep. By its Convenor - District Revenue Officer, O/o.The Collectorate, Singaravelar Maligai, Chennai - 600 001.
3.The Tahsildar, Aminjikarai Taluk, Aminjikarai, Chennai - 600 029.
4.A.Shanthi 5.P.Mangalam ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 Page Nos.1/17
to examine the complaint of the petitioner dated 15.03.2024 in respect of the illegal encroachment of water bodies, Government poramboke land and Corporation land in the light of the order passed by this Court in W.P.No.11923 of 2024 dated 07.06.2024 and also as per G.O.(Ms) No.64 dated 08.02.2022.
For Petitioner :
Mr.P.C.Harikumar for M/s.P.C.Harikumar and Associates For Respondents :
Mr.T.K.Saravanan, Additional Government Pleader
ORDER
[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Writ Petition' (hereinafter 'WP' for the sake of brevity) is an offshoot of a judicial order dated 07.06.2024 made in W.P.No.11923 of 2024, a scanned reproduction of which is as follows: Page Nos.2/17
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2. The above order speaks for itself and therefore we are not Page Nos.8/17
dilating on the same.
3. It is noticed that the above order was uploaded on 13.06.2024 at 05.18 p.m. on the official website of Madras High Court.
4. Mr.P.C.Harikumar of M/s.P.C.Harikumar & Associates (Law Firm), learned counsel for writ petitioner adverting to the case file drew our attention to a communication dated 18.06.2024 sent by the writ petitioner through his counsel to the jurisdictional Revenue Divisional Officer who is chairperson of the Monitoring committee. A scanned reproduction of the communication together with postal acknowledgment is as follows:
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5. It comes to light that aforereferred communication has been received by the District Monitoring Committee on 27.06.2024. Learned counsel points out that three weeks hence it will be one year from the Page Nos.12/17
date of receipt of the communication but there is complete inaction and that has necessitated the captioned WP.
6. On 04.06.2025, we issued notice. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for respondents and in the 04.06.2025 listing, the following proceedings/order has been made:
'W.P.No.19335 of 2025 M.SUNDAR, J.
and HEMANT CHANDANGOUDAR, J.
(Order of the Court was made by M.SUNDAR, J.) Mr. P.C. Harikumar of M/s. P.C. Harikumar and Associates (Law Firm), learned counsel on record for writ petitioner, who is before this Court, submits that the writ petitioner has sent a representation dated 15.03.2024 seeking removal of encroachment but owing to inaction, writ petitioner filed W.P.No.11923 of 2024 with a mandamus prayer, this writ petition was disposed of by this Court in and by order dated 07.06.2024 inter alia directing the respondents to apply G.O. (Ms.) No.64, Revenue and Disaster Management Department, Land Disposal Wing, 'LD.6(2)' Section dated 08.02.2022. Learned counsel submits that thereafter, nothing has happened. Learned counsel emphatically submits that the writ petitioner has neither been Page Nos.13/17
put on notice nor been called upon to attend an enquiry. 2.
Issue notice to official respondents.
3.
Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for all the three official respondents and requests for a short accommodation to get instructions and revert to this Court.
4.
Request acceded to.
5.
List under the cause list caption 'NOTICE REGARDING ADMISSION' in the Admission Board, i.e., Motion List, day after tomorrow (06.06.2025).'
7.
Adverting to the aforementioned 04.06.2025 proceedings/order, learned State counsel submits that notice has been issued today (06.06.2025) to the writ petitioner, private respondents/R4,R5 and all concerned. This submission is recorded.
8. Though the aforementioned stated position of the learned State counsel addresses the issue raised by the writ petitioner, this Court is constrained to write that it is imperative that State should act with promptitude and inaction for about one year qua judicial order is clearly unacceptable. Nonetheless we stop with this observation but with a caveat that this Court will have to take a serious view of such matters in the days to come.
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9. Now that the proceedings vide 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} have been kickstarted today, let the same be continued on its own merits and in accordance with law and concluded as expeditiously as the business of the Monitoring Committee would permit but in any event within fourteen weeks from today i.e., on or before 12.09.2025. It is made clear that this is the directive of this Court.
10. Captioned WP is disposed of in the aforesaid manner. There shall be no order as to costs.
(M.S.,J.) (H.C.J.) 06.06.2025 Index : Yes / No mmi To Page Nos.15/17
1.District Monitoring Committee rep. By its Chairman-District Collector, O/o.The Collectorate, Singaravelar Maligai, Chennai - 600 001.
2.District Monitoring Committee rep. By its Convenor - District Revenue Officer, O/o.The Collectorate, Singaravelar Maligai, Chennai - 600 001.
3.The Tahsildar, Aminjikarai Taluk, Aminjikarai, Chennai - 600 029.
4.The Revenue Divisional Officer, Chennai Central.
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M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., mmi 06.06.2025 Page Nos.17/17