M.P.Anandhan M/A 54 v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :25.07.2024

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI M.P.Anandhan ... Petitioner Vs.

1. The District Collector District Collector Office Tiruppur District

2. The Revenue Divisional Officer Revenue Divisional Office Uthukuli Taluk Tiruppur District

3. The Tahsildar Uthukuli Taluk Tiruppur District

4. The Village Administrative Officer Morattupalayam Village Uthukuli Taluk Page Nos.1/9

Tiruppur District

5. O.M.Chandran

6. M.Madhankumar 7.Prabhu

8. Vadivel 9.M.C.S.Manoj

10. Manokar @ Murugesan

11. A.Kalamani

12. Kumar @ Bonda Kumar

13. K.Thandapani

14. S.Sathish ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing Respondents 1 to 4 to remove the encroachment made by the respondent N.5 to 14 in the "Government Poramboke lands" situated in S.F.No.109/31 admeasuring to an extent of 0.24.45 Hectares in Morattupalayam Village, Uthukuli Taluk, Tiruppur District and to bring the land to its original form by considering the petitioner's representation dated 21.06.2024. For Petitioner :

Mr.M.Guruprasad For Respondents :

Mr.P.Balathandayutham Special Govt. Pleader for R1 to R4 Page Nos.2/9

O R D E R

[Order of the Court was made by K.GOVINDARAJAN THILAKAVADI, J.,] The petitioner seeks for the issuance of writ of mandamous directing the respondents 1 to 4 to remove the encroachment made by the respondents 5 to 14 from the Government Poramboke lands comprised in S.F.No.109/31 admeasuring to an extent of 0.24.45 Hectares in Morattupalayam Village Uthukuli Taluk, Tiruppur District by considering the representation made by the petitioner on 21.06.2024.

2.The petitioner's case is that the land in S.F.No.109/31 of Morattuplayam Village is a Government Poramboke land, utilized by the common public for a long period of time. On 15.06.2024, the respondents 5 to 14 encroached upon the said land by fencing the same. Hence, the petitioner made a representation on 18.06.2024 to the respondents 1 and 3 for removing the said encroachment. However, the respondents failed to take steps for removing the encroachments. Hence, the petitioner was constrained Page Nos.3/9

to file the above writ petition.

3. Mr.M.Guruprasad, learned counsel on record for writ petitioner is before us.

4. Issue notice to official respondents i.e., issue notice regarding admission.

5. Mr.P.Balathandayutham, learned Special Government Pleader accepts notice for R1 to R4.

6. By consent of the respective counsel before us, the writ petition is taken up for disposal, putting in a safety valve/ adequate protection qua private respondents i.e., R5 to R14, as R5 to R14 are not before us.

7. The learned Special Government Pleader submits 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 Page Nos.4/9

point reporting / monitoring system qua Government lands.

8. In the light of the above submissions, we deem it appropriate to refer the matter to the Divisional Monitoring Committee headed by Revenue Divisional Officer (RDO), Thiruppur in the light of G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022.

9. 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 (R5 to R14) 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 Page Nos.5/9

consider the same on its own merits and in accordance with law untrammeled by this proceedings in this Court.

10. 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).

11. 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.

12. 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.

13. Captioned WP is disposed of with the aforementioned Page Nos.6/9

observations and directives in the aforesaid manner. There shall be no order as to costs.

(M.S.,J.) (K.G.T.,J.) 25.07.2024 Index : Yes / No Speaking / Non-speaking gpa/vsn To

1. The District Collector Page Nos.7/9

District Collector Office Tiruppur District

2. The Revenue Divisional Officer Revenue Divisional Office Uthukuli Taluk Tiruppur District

3. The Tahsildar Uthukuli Taluk Tiruppur District

4. The Village Administrative Officer Morattupalayam Village Uthukuli Taluk Tiruppur District Page Nos.8/9

M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., gpa/vsn 25.07.2024 Page Nos.9/9