K.Marimuthu v. The Block Development Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.03.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI K.Marimuthu S/o.Kali ... Petitioner vs 1.
The Block Development Officer Uthangarai 2.
The Tahsildar Uthangarai.
3.
The President Singarapettai Village Panchayat Uthangarai Taluk, Krishnagiri District.
4.
Krishnaveni D/o.K.Muthammal & Kaveri ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents to remove the encroachment made by the 4th respondent in the public street in Page Nos.1/6
S.No.37/18 of Ambedkar Colony, Singarapettai Village, Uthangarai Taluk, Krishnagiri District, on the basis of the communication of the 1st respondent in Ref.No.Na.Ka.No.4161/2019/E2 dated 18.06.2021 within a time frame. For Petitioner :
Mr.B.Krishnakanth representing Mr.P.M.Jayachandran For Respondents :
Mr.M.S.Arasakumar Government Advocate, for R1 & R3 Mr.T.K.Saravanan Additional Government Pleader for R2 Ms.V.Suguna representing Mr.C.Munusamy, for R4
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.B.Krishnakanth, learned counsel representing counsel on record for writ petitioner is before us.
3. Adverting to a representation dated 16.08.2015, learned counsel for writ petitioner submitted that there is alleged encroachment in 'the public street in S.No.37/18 of Ambedkar Colony, Singarapettai Village, Uthangarai Page Nos.2/6
Taluk, Krishnagiri District' [hereinafter 'said land' for the sake of convenience and clarity] by R4 before us. To be noted, R4 is a private respondent.
4. 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.
5. It was submitted by learned State Counsel 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.
6. 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, Revenue Divisional Office, Krishnagiri qua G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022.
7. This Court directs the jurisdictional Divisional Monitoring Page Nos.3/6
Committee to examine if there is encroachment qua said land. The Divisional Monitoring Committee shall also ensure that adequate and ample opportunity is given to persons concerned more particularly alleged encroacher (R4) before taking a call. 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 untrammelled by this proceedings in this Court.
8. 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 encroacher). The entire exercise shall be completed within a period of twelve weeks from today i.e., by 10.06.2025.
9. 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.
10. We make it clear that we have not expressed any view or opinion Page Nos.4/6
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. 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.
11. 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.) 18.03.2025 Index : Yes / No Speaking / Non-speaking order mk Page Nos.5/6
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mk To 1.
The Block Development Officer Uthangarai.
2.
The Tahsildar Uthangarai.
3.
The President Singarapettai Village Panchayat Uthangarai Taluk, Krishnagiri District.
4.
The Revenue Divisional Officer Krishnagiri.
18.03.2025 Page Nos.6/6