K.Kodiveri Ananikattu Thittam v. The Distrct Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR K.Kodiveri Anaikattu Thittam, Thadapalli Vaaikkal, Cholamadevi-Bodichinnampalayam Karai Murai Neerpasana Vivasaigal SangamT-2, Reg.No.SR/Gobichettipalayam/103/2010 represented by its President Mr.K.R.Subramaniam, S/o.Late Ramasamy Gounder, Kavi Illam, Kuravan Thottam, Kasiyur, Gobi to Sathi Main Road, Alakkuli Post, Gobichettipalayam Taluk, Erode District - 638 453.
... Petitioner Vs.
1.The District Collector, Erode District, Perundurai Road, Erode.
2.The District Revenue Officer, Office of the District Collector, Erode - 638 011.
3.The Sub Collector, Office of the Sub Collector, Gobichettipalayam, Erode District - 638 452.
4.The Tahsildar, Office of the Tahsildar, Gobichettipalayam, Erode District - 638 452.
Page Nos.1/8
5.The Block Development Officer, Gobichettipalayam, Erode District.
6.Chinnammal 7.Bhuvaneswari 8.Thangavel 9.Rangamal 10.Chinnammal 11.Thangarasu 12.Ayyammal 13.Shanthi 14.Easwaran 15.Kolanthan 16.Kumar 17.Malathi ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the first respondent to remove the encroachments made by the respondents 6 to 17 in Survey Nos.110, 141, 143, 144 and 148 at Salai Poramboke, Bodichinnampalayam Village, Gobichettipalayam Taluk, Erode District by implementing the order of the fourth respondent vide proceedings in Na.Ka.No.21207/2014/A6 dated 25.02.2015.
For Petitioner :
Mr.P.Chandrasekaran For Respondents :
Mr.K.Suresh, Government Advocate for R1 to R4 Mr.R.Kumaravel, Additional Government Pleader for R5 Page Nos.2/8
ORDER
[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of the captioned 'Writ Petition' [hereinafter 'WP' for the sake of brevity].
2.
Mr.P.Chandrasekaran, learned counsel on record for writ petitioner, is before us.
3.
Adverting to a representation dated 28.05.2025 from the writ petitioner, learned counsel for writ petitioner submitted that there is alleged encroachment in 'Survey Nos.110, 141, 143, 144 and 148 at Salai Poramboke, Bodichinnampalayam Village, Gobichettipalayam Taluk, Erode District' [hereinafter 'said lands' for the sake of convenience and clarity] by R6 to R17 before us. To be noted, R6 to R17 are private respondents.
4.
Considering the facts and circumstances of the case in juxtaposition with G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022 {hereinafter 'said Page Nos.3/8
GO' for the sake of convenience} which puts in place a removal of encroachment procedure inter-alia giving opportunity to alleged encroachers, we are of the view that the captioned WP can be disposed of by ordering notice to official respondents (R1 to R5) and putting in a safety valve / adequate protection qua alleged encroachers i.e., R6 to R17.
5.
Issue notice to official respondents, i.e., R1 to R5. 6.
Mr.K.Suresh, learned Government Advocate accepts notice for R1 to R4 and Mr.R.Kumaravel, learned Additional Government Pleader accepts notice for R5.
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, captioned WP was taken up.
8.
It was submitted by learned State counsel that said GO 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.
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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, Gobichettipalayam qua said GO. 10.
This Court directs the jurisdictional Divisional Monitoring Committee to examine if there is encroachment qua said lands. 11.
The Divisional Monitoring Committee qua said GO shall (if it comes to the conclusion that there is encroachment) report the encroachment to appropriate authorities concerned for further action (for removal of encroachment). 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 their own merits and in accordance with law untrammelled by this proceedings in this Court. The entire exercise shall be completed within a period of 14 weeks from today i.e., by 03.10.2025.
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12.
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. 13.
We make it clear that we have not expressed any view or opinion as to whether there is encroachment or not qua said lands 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. 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.) (H.C.J.) 27.06.2025 Index : Yes / No mmi To 1.The District Collector, Erode District, Perundurai Road, Erode.
Page Nos.6/8
2.The District Revenue Officer, Office of the District Collector, Erode - 638 011.
3.The Sub Collector, Office of the Sub Collector, Gobichettipalayam, Erode District - 638 452.
4.The Tahsildar, Office of the Tahsildar, Gobichettipalayam, Erode District - 638 452.
5.The Block Development Officer, Gobichettipalayam, Erode District.
6.The Revenue Divisional Officer, Gobichettipalayam.
Page Nos.7/8
M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., mmi 27.06.2025 Page Nos.8/8