K.Kalyanasundaram v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.07.2025
CORAM
THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR K.kalyanasundaram ... Petitioner vs.
1. The District Collector Ariyalur District Ariyalur
2. The Revenue Divisional Officer Udayarpalayam Division Udayarpalayam Ariyalur District
3. The Thasildhar Sendurai Taluk Ariyalur District
4. The Block Development Officer (VP) Sendurai Panchayat Union Sendurai & Post Ariyalur District
5. V.Kumar
6. Tmt.Parvathy
7. P.Elangovan Page Nos.1/8
8.K.Thangavel
9. D.Muniyandi
...Respondents
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 4 to remove all the encroachments made in the land earmarked for the public purpose in S.F.No.484/12 and 486/43 of Kumulur Village, Sendurai Taluk, Ariyalur District.
For Petitioner :
Mr.S.Kamadevan For Respondents :
Mr.T.K.Saravanan Addl. Govt. Pleader for R1 to R3 Mr.R.Sasikumar Government Advocate for R4
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.Kamadevan, learned counsel on record for writ petitioner, is before us.
Page Nos.2/8
3.
Adverting to a representation dated 28.01.2025 from the writ petitioner, learned counsel for writ petitioner submitted that there is alleged encroachment qua 'S.F.No.484/12 and 486/43 of Kumulur Village, Sendurai Taluk, Ariyalur District' [hereinafter 'said land' for the sake of convenience and clarity] by private respondents, who have been arrayed as R5 to R9 in captioned WP.
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/mechanism which inter alia provides for 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 R4) and dispensing with notice to private respondents inter alia by putting in a safety valve / adequate protection qua alleged encroachers i.e., R5 to R9. 5.
Issue notice to official respondents, i.e., R1 to R4. 6.
Mr.T.K.Saravanan, learned Additional Government Pleader, Page Nos.3/8
for R1 to R3 and Mr.R.Sasikumar, learned Government Advocate for R4 are before us.
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 in the Admission Board itself. 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.
9.
In the light of the narrative thus far, we deem it appropriate to refer the matter to the Divisional Monitoring Committee headed by R2 [Revenue Divisional Officer, Udayarpalayam Division, Udayarpalayam, Ariyalur District] vide said GO. 10.
This Court directs the jurisdictional Divisional Monitoring Committee to examine if there is encroachment in said land. Page Nos.4/8
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, we make it clear that all 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 04.11.2025. 12.
It is open to the writ petitioner and / or anyone concerned with this matter including private respondents 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 land as it turns largely/heavily on facts and it is for the Committee concerned to Page Nos.5/8
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 i.e., if there is any encroachment in public land which in turn means that the question as to whether said land is public land is also left open for the Committee concerned to take a call.
14.
Captioned WP is disposed of with the aforementioned observations, directives and preservation of rights in the aforesaid manner. There shall be no order as to costs. (M.S., J.) (H.C., J.) 29.07.2025 Index:
Yes/No N.C.
:
Yes/No gpa Page Nos.6/8
To
1. The District Collector Ariyalur District Ariyalur
2. The Revenue Divisional Officer Udayarpalayam Division Udayarpalayam Ariyalur District
3. The Thasildhar Sendurai Taluk Ariyalur District
4. The Block Development Officer (VP) Sendurai Panchayat Union Sendurai & Post Ariyalur District Page Nos.7/8
M.SUNDAR, J.
and HEMANT CHANDANGOUDAR, J.
gpa 29.07.2025 Page Nos.8/8