S.Kadhar Meeran v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.07.2025
CORAM
THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR W.P.No.25728 of 2025 S. Kadhar Meeran Petitioner vs.
1.
The District Collector District Collectorate Krishnagiri District 635 115 2.
The Commissioner Hosur Municipal Corporation Bagalur Road, Hosur Krishnagiri District 635 109 3.
The Tahsildar Tahsildar Office Hosur, Krishnagiri District 635 109 4.
The Block Development Officer Shoolagiri Union Panchayat Kamaraj Nagar Hosur, Krishnagiri District 635 109 5.
G. Kumaran 6.
K. Chithra 7.
D. Krishnappa 8.
D. Pillappa Respondents Page Nos.1/8
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 2 to 4 to remove the blockage or obstruction made by the respondents 5 and 6 in public pathway bearing Survey No.56/2B2 & 56/2A1 situated at Moranapalli Village, Hosur Taluk, Krishnagiri District - 635 109 and also direct the respondents 2 and 3 to bring the public pathway into usage by considering the petitioner's representation dated 19.05.2025 in the light of G.O.Ms.No.78 dated 04.05.2017 and G.O.Ms.No.172 dated 13.10.2017.
For petitioner Mr. G. Mohammed Aseef For RR 1 to 3 Mr. T.K. Saravanan Addl. Govt. Pleader For R4 Ms. Akila Rajendran Government Advocate For RR 5 - 8 Notice dispensed with
ORDER
[made by M.SUNDAR, J.] This order will now dispose of the captioned 'writ petition' ['WP' for the sake of brevity].
Page Nos.2/8
2.
Mr. G. Mohammed Aseef, learned counsel on record for writ petitioner, is before us.
3.
Adverting to a representation dated 19.05.2025 from the writ petitioner, learned counsel for writ petitioner, submitted that there is alleged encroachment in 'public pathway bearing Survey Nos.56/2B2 and 56/2A1 at Moranapalli Village, Hosur Taluk, Krishnagiri District - 635 109' [hereinafter 'said lands' for the sake of convenience and clarity] by RR 5 and 6. To be noted, RR 5 and 6 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 ordering notice to official respondents (RR 1 to 4) and putting in a safety valve / adequate protection qua alleged encroachers Page Nos.3/8
i.e. RR 5 and 6 and also RR 7 and 8 who were the original owners of said lands who gifted the said lands to the local Village Panchayat. 5.
Issue notice to official respondents, i.e., RR 1 to 4. 6.
Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for RR 1 to 3 and Ms. Akila Rajendran, learned Government Advocate, accepts notice for R4.
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, i.e., Motion List.
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.
Page Nos.4/8
9.
In the light of the narrative thus far, we deem it appropriate to refer the matter to the Divisional Monitoring Committee headed by the Revenue Divisional Officer, Hosur qua said GO. 10.
We direct 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 22.10.2025.
Page Nos.5/8
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.) 16.07.2025 cad Index:
Yes/No N.C.
:
Yes/No Page Nos.6/8
To 1.
The District Collector District Collectorate Krishnagiri District 635 115 2.
The Commissioner Hosur Municipal Corporation Bagalur Road Hosur Krishnagiri District 635 109 3.
The Tahsildar Tahsildar Office Hosur Krishnagiri District 635 109 4.
The Block Development Officer Shoolagiri Union Panchayat Kamaraj Nagar Hosur, Krishnagiri District 635 109 5.
The Revenue Divisional Officer Hosur Page Nos.7/8
M.SUNDAR, J.
and HEMANT CHANDANGOUDAR, J.
cad W.P.No.25728 of 2025 16.07.2025 Page Nos.8/8