Raisul Hassen v. The Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADI W.P.No.15495 of 2021 Raisul Hassen Petitioner vs.
1.
The Collector District Collectorate Nagapattinam 2.
The Commissioner Nagapattinam Municipality Nagapattinam 3.
The Executive Officer Nagore Dargah Trust Office Nagore 4.
A.B. Thamim Ansari 5.
The Tahsildar Nagore Nagapattinam District Respondents (R5 suo motu impleaded vide order dated 27.07.2021 made in W.P.No.15495 of 2021) Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 3 to remove the encroachment made by way of illegal construction by the Page Nos.1/7
fourth respondent in Ward No.5, Block No.17, T.S.No.1220 at Door No.2, Khalifa Sahib Street, Nagore, Nagapattinam District based on the petitioner's representation dated 31.12.2018. For petitioner Mr. S. Mugesh for Mr. S. Giritharan For RR 1,3 & 5 Mr. T.K. Saravanan Additional Government Pleader For R2 Mr. P. Srinivas Standing Counsel For R4 Mr. S. Manoj for Mr. S. Thirumavalavan
ORDER
[made by M.SUNDAR, J.] This order will now dispose of the captioned 'Writ Petition' ['WP' for the sake of brevity].
2.
Mr. S. Mugesh, learned counsel representing Mr.S.Giritharan , learned counsel on record for writ petitioner, is before us.
3.
Adverting to a representation dated 31.12.2018 from the writ petitioner, learned counsel for writ petitioner submitted that there Page Nos.2/7
is alleged encroachment in 'Ward No.5, Block No.17, T.S.No.1220 at Door No.2, Khalifa Sahib Street, Nagore, Nagapattinam 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, captioned main WP was taken up.
5.
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.
6.
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, Nagapattinam qua Page Nos.3/7
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 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 encroacher are preserved for being raised before the Committee concerned which shall consider the same on their 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 12 weeks from today i.e., by Page Nos.4/7
27.06.2025.
9.
It is open to the writ 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 is any change of circumstances. 10.
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 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.) 04.04.2025 cad Index :
Yes/No NC :
Yes/No Page Nos.5/7
M.SUNDAR, J.
and K. GOVINDARAJAN THILAKAVADI, J.
cad To 1.
The Collector District Collectorate Nagapattinam 2.
The Commissioner Nagapattinam Municipality Nagapattinam 3.
The Executive Officer Nagore Dargah Trust Office Nagore 4.
The Tahsildar Nagore Nagapattinam District 5.
The Revenue Divisional Officer Nagapattinam Page Nos.6/7
Page Nos.7/7