N.Ashok Kumar v. The District Collector
2024:MHC:2386
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI 1.
N.Ashok Kumar S/o.K.Nachimuthu 2.
Thiyagarajan S/o.Kanthan 3.
T.R.Parthiban S/o.Thippan Rajagopal 4.
Anbunathan S/o.Mathu ... petitioner Vs.
1.
The District Collector Salem District 2.
The Sub-Collector Mettur, Salem District.
3.
Tamil Nadu Housing Board Page Nos.1/10
Rep. by its Managing Director No.331, Anna Salai, Nandanam Chennai-600 034.
4.
The Revenue Divisional Officer Mettur, Salem District.
5.
The Thasildar Mettur, Salem District.
6.
The Commissioner Mettur Municipality Salem District - 636 401.
7.
The Executive Engineer and Administrative Tamil Nadu Housing Board, Salem Housing Unit Salem - 636 011.
8.
Dr.Surendar S/o.Vellaiyan 9.
Saravanan S/o.Sivaraman Krishnan 10.
Krishnan 11.
Dr.Ramamoorthi ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 7 to take immediate action for the removal of the encroachment in T.S.No.7/43, Ward No.29, Block 9, Town Survey Ward 'B' to an extent of 256.96 sq.mt in Page Nos.2/10
the 80.0 wide road belongs to Tamil Nadu Housing Board Department and Municipality, Mettur Dam, Salem District by considering the representations dated 09.10.2023, 27.12.2023 and 09.02.2024.
For Petitioner :
Mr.S.Kousik For Respondents :
Mr.A.Selvendran Additional Government Pleader for R1 to R5 and R7 Mr.L.P.Maurya, for R6
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.S.Kousik, learned counsel on record for writ petitioner is before us.
3. Adverting to a representation from the writ petitioner dated 09.02.2024 learned counsel submitted that there is alleged encroachment in Page Nos.3/10
'T.S.No.7/43, Ward No.29, Block 9, Town Survey Ward 'B' to an extent of 256.96 sq.mt in the 80.0 wide road' [hereinafter 'said land' for the sake of convenience and clarity] by R8 to R11 before us. To be noted, R8 to R11 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 (R1 to R7) and putting in a safety valve / adequate protection qua private respondents i.e., R8 to R11.
5. Issue notice to official respondents i.e., R1 to R7.
6. Mr.A.Selvendran, learned Additional Government Pleader accepts notice for respondents 1 to 5 and 7. Mr.L.P.Maurya, learned counsel accepts notice for 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 Page Nos.4/10
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 Revenue Divisional Officer (RDO), Mettur, Salem District, 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 land. The Divisional Monitoring Committee shall also ensure that adequate and ample Page Nos.5/10
opportunity is given to persons concerned more particularly alleged encroachers (R8 to R11) 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 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 Page Nos.6/10
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 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.) 14.06.2024 Index : Yes / No Speaking mk Page Nos.7/10
To 1.
The District Collector Salem District.
2.
The Sub-Collector Mettur, Salem District.
3.
Tamil Nadu Housing Board Rep. by its Managing Directorate No.331, Anna Salai, Nandanam Chennai-600 034.
4.
The Revenue Divisional Officer Mettur, Salem District.
5.
The Thasildar Mettur, Salem District.
6.
The Commissioner Mettur Municipality Salem District - 636 401.
7.
The Executive Engineer and Administrative Tamil Nadu Housing Board, Salem Housing Unit Salem - 636 011.
Page Nos.8/10
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mk 14.06.2024 Page Nos.9/10
(2/2) Page Nos.10/10