Pazhaniamal v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Pazhanimal ... Petitioner Vs.
1. The District Collector District Collector's Office Cuddalore Cuddalore District
2. The Tahsildar Commissioner's Office Cuddalore Cuddalore District
3. The Revenue District Officer Commissioner's Office Panruti Taluk, Cuddalore District
4. Chinnaponnu W/o.Velmurugan
5. Hari Krishnan S/o.Velmurugan Page Nos.1/8
6. Anand S/o.Velmurugan ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing 1st, 2nd and 3rd respondents to remove the encroachment in the land in Survey No.41/2, Varsakuppam Village in Cuddalore District and taken action against 4th, 5th and 6th respondents by passing orders n the petitioner representation dated 12.02.2022.
For Petitioner :
Mr.B.R.Benci Jerald For Respondents :
Mr.T.K.Saravanan Government Advocate for R1 to 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.B.R.Benci Jerald, learned counsel on record for writ petitioner is before us.
3. Adverting to a representation from the writ petitioner dated 12.02.2022, learned counsel for writ petitioner submitted that there is Page Nos.2/8
alleged encroachment in land in 'Survey No.41/2, Varsakuppam Village in Cuddalore District' [hereinafter 'said land' for the sake of convenience and clarity] by R4 to R6. To be noted, R4 to R6 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 alleged encroachers i.e., R4 to R6.
5. Issue notice to official respondents i.e., R1 to R3.
6. Mr.T.K.Saravanan, learned Government Advocate accepts notice for R1 to 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.
8. It was submitted by learned State counsel that G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated Page Nos.3/8
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 District Officer, Panruti Taluk, Cuddalore, the third respondent herein, 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 opportunity is given to persons concerned more particularly alleged encroachers (R4 to R6) 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 encroacher and therefore, this safety valve is put in place. Page Nos.4/8
To be noted, all the rights and contentions of alleged encroacher 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.
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 encroacher).
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.
13. We make it clear that we have not expressed 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 Page Nos.5/8
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.R.S.,J.) 25.11.2024 Index : Yes / No gpa Page Nos.6/8
To
1. The District Collector District Collector's Office Cuddalore Cuddalore District
2. The Tahsildar Commissioner's Office Cuddalore Cuddalore District
3. The Revenue District Officer Commissioner's Office Panruti Taluk, Cuddalore District Page Nos.7/8
M.SUNDAR, J., and K.RAJASEKAR, J., gpa 25.11.2024 Page Nos.8/8