Vijayakumar v. The District Collector
2024:MHC:2761
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :15.07.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI Vijayakumar S/o.Varadharajan ... Petitioner Vs.
1. The District Collector Villupuram District Villupuram
2. The Revenue Tahsildar Marakkanam Taluk, Villpuram District
3. The Block Development Officer Kelsiviri Panchayat Marakkanam Marakanam Taluk, Villupuram District
4. Ranganthan
5. K.Kasinathan
6. Murugesan 7.Kasthuri Page Nos.1/8
8. Balakrishnan ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing respondents 1 to 3 to remove the encroachment made in S.Nos.22/35, 109/10, 110/14 and 111/1 Kelsiviri Village, Marakkanam Taluk as per the representation dated 11.03.2024 within the time stipulated.
For Petitioner :
Mr.M.Devaraj For Respondents :
Mr.P.Balathandayutham Spl. Govt.Pleader for R1 & R2 Mr.T.Chandrasekaran Spl. Govt.Pleader for R3
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.M.Devaraj, learned counsel on record for writ petitioner is before us.
3. Adverting to a representation from the writ petitioner dated 11.03.2024, learned counsel submitted that there is alleged encroachment in 'land in S.Nos.22/35, 109/10, 110/14 and 111/1, Kelsiviri Village, Marakkanam Taluk' [hereinafter 'said land' for the sake of convenience and Page Nos.2/8
clarity] by R4 to R8 before us. To be noted, R4 to R8 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 R3) and putting in a safety valve / adequate protection qua private respondents i.e., R4 to R8.
5. Issue notice to official respondents i.e., issue notice regarding admission.
6. Mr.P.Balathandayutham, learned Special Government Pleader accepts notice for R1 and R2 and Mr.T.Chandrasekaran, learned Special Government Pleader accepts notice for R3.
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 was taken up.
Page Nos.3/8
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), Thindivanam 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 encroachers (R4 to R8) 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 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 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.) 15.07.2024 Index : Yes / No Speaking / Non-speaking gpa Page Nos.6/8
To
1. The District Collector Villupuram District Villupuram
2. The Revenue Tahsildar Marakkanam Taluk, Villpuram District
3. The Block Development Officer Kelsiviri Panchayat Marakkanam Marakanam Taluk, Villupuram District
4. The Revenue Divisional Officer Thindivanam Page Nos.7/8
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., gpa 15.07.2024 Page Nos.8/8