I.Malarkodi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.07.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR I.Malarkodi ... Petitioner Vs.
1.The District Collector, Vellore District Vellore - 632 009
2. The Tahsildar Katpadi Taluk Vellore - 632 007
3. The Executive Engineer Public Works Department, WRO Gandhinagar, Vellore - 632 006
4. The Block Development Officer Katpadi Vellore - 632 007
5. The Deputy Block Development Officer Katpadi - 632 007
6. The President Page Nos.1/8
Vandranthangal Village Panchayat Vadranthangal, Kadpadi - 632 059
7. The Secretary Vandranthangal Village Panchayat Vadranthangal, Kadpadi - 632 059 8.Kamala 9.A.Rajendran
10. R.Dharman 11.Prema ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the Respondents 1 to 4 and 6 to 7 to take appropriate and necessary mandated action to evict the encroachments in accordance with law against the deliberate and wanton encroachments mentioned herein in survey Nos.313/ 313- 63 and 313/ 31366, survey Nos. 318 C to 318 E, Survey Nos.508 and 509 as well as the entire Vandranthangal KASAKKALVAI and vandranthangal PERIYA ERI KALVAI based on the petitioners brother's last REPRESENTATIONS dated 02.05.2024 and 30.05.2024; the Letter Mu.Mu. 5802 /91 dated 23.12.1991 to the then Thasildar from the 4th Respondent, the RTI Information from the 6th and the 7th Respondents through their Letter dated 04.12.2014 as well as the Inspection Report of the proceedings in R.C. No.B3 / 1938/ 2002 dated 14.06.2002 of the 2nd Respondent within a Page Nos.2/8
time frame to be fixed by this Honble court.
For Petitioner :
Ms.V.Porkodi For Respondents :
Mr.T.K.Saravanan Additional Government Pleader for R1 to R6
ORDER
[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.
Ms.V.Porkodi, learned counsel on record for writ petitioner and Mr.T.K.Saravanan, learned Additional Government Pleader for R1 to R6 are before us.
3.
Adverting to representations dated 02.05.2024 and 30.05.2024 from the writ petitioner's brother, learned counsel for writ petitioner submitted that there is alleged encroachment in 'S.Nos.313/ 313- 63 and Page Nos.3/8
313/ 313- 66, Survey Nos. 318 C to 318 E, Survey Nos.508 and 509 as well as the entire Vandranthangal KASAKKALVAI and vandranthangal PERIYA ERI KALVAI, Vandranthangal Village, Katpadi, Vellore District' [hereinafter 'said lands' for the sake of convenience and clarity] by R8 to R11. To be noted, R8 and R11 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 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 putting in a safety valve / adequate protection qua alleged encroachers i.e., R8 to R11. 5.
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.
Page Nos.4/8
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, Vellore qua said GO. 7.
This Court directs the jurisdictional Divisional Monitoring Committee to examine if there is encroachment qua said land. 8.
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). 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 14.10.2025.
Page Nos.5/8
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.) (H.C.J.) 08.07.2025 Index : Yes / No gpa Page Nos.6/8
To 1.The District Collector, Vellore District Vellore - 632 009
2. The Tahsildar Katpadi Taluk Vellore - 632 007
3. The Executive Engineer Public Works Department, WRO Gandhinagar, Vellore - 632 006
4. The Block Development Officer Katpadi Vellore - 632 007
5. The Deputy Block Development Officer Katpadi - 632 007
6. The President Vandranthangal Village Panchayat Vadranthangal, Kadpadi - 632 059
7. The Secretary Vandranthangal Village Panchayat Vadranthangal, Kadpadi - 632 059
8. The Revenue Divisional Officer Vellore Page Nos.7/8
M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., gpa 08.07.2025 Page Nos.8/8