Vishal @ Koteeswaran v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.08.2025
CORAM
THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR Vishal @ Koteeswaran ... Petitioner vs.
1. The District Collector Office of the Collectorate Thiruvallur District
2. The Sub Collector Thiruvallur District
3. The Thasildar Ponneri Taluk Ponneri
4. The Block Development Officer Minjur Thiruvallur District
5. The Revenue Divisional Officer Ponneri Thiruvallur District
...Respondents
Writ Petition filed under Article 226 of the Constitution of India Page Nos.1/8
seeking a writ of mandamus directing the respondents to remove the encroachments of Government Vandi Battai lands comprised in S.Nos.395, 404-1, 400-1, 398-7, 399-1, 371-5, 372, 370-6, 519 in Chinnakavanam -2 revenue village, Ponneri Taluk, Thiruvallur District to restore the Vandi Battai for usage and consequently direct the fourth respondent to raise the height of the Vandi Battai to enable the same to be accessed through agricultural machineries and vehicles by considering the representation dated 16.05.2025.
For petitioner :
Mr.B.Vignesh For Respondents :
Mr.M.S.Arasakumar Govt. Advocate for R1 to R3 & R5 Mr.L.S.M.Hasan Fizal Addl. Government Pleader for R4
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].
Page Nos.2/8
2. Mr.B.Vignesh, learned counsel on record for writ petitioner is before us.
3. Adverting to representation dated 16.05.2025, Mr.B.Vignesh, learned counsel for writ petitioner submitted that there is alleged encroachment in Government Vandi Battai lands situate in 'S.Nos.395, 4041, 400-1, 398-7, 399-1, 371-5, 372, 370-6, 519 in Chinnakavanam -2 revenue village, Ponneri Taluk, Thiruvallur District ' [hereinafter 'said lands' for the sake of convenience and clarity].
4. Considering the obtaining position, we are of the view that the captioned WP can be disposed of by ordering notice to respondents.
5. Issue notice to respondents.
6. Mr.M.S.Arasakumar, learned Government Advocate accepts notice for R1 to R3 and R5 and Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader accepts notice for R4.
Page Nos.3/8
7. In the light of what has been alluded to supra and considering the limited scope of the captioned WP, with the consent of learned counsel on both sides, main WP was taken up.
8. It was submitted by learned Government Advocate 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 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 fifth respondent herein [Revenue Divisional Officer, Ponneri, Thiruvallur District] qua G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022. Page Nos.4/8
10. This Court directs the jurisdictional Divisional Monitoring Committee to examine if there is encroachment qua said land. The Divisional Monitoring Committee shall also ensure that adequate and ample opportunity is given to persons concerned / alleged encroachers before taking a call. 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 its own merits and in accordance with law untrammelled by this proceedings in this Court, within a period of fourteen weeks from today i.e., by 26.11.2025.
11. 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).
Page Nos.5/8
12. 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.
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 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.) 20.08.2025 Index:Yes/No N.C. :
Yes/No gpa Page Nos.6/8
To
1. The District Collector Office of the Collectorate Thiruvallur District
2. The Sub Collector Thiruvallur District
3. The Thasildar Ponneri Taluk Ponneri
4. The Block Development Officer Minjur Thiruvallur District
5. The Revenue Divisional Officer Ponneri Thiruvallur District Page Nos.7/8
M.SUNDAR, J.
and HEMANT CHANDANGOUDAR, J.
gpa 20.08.2025 Page Nos.8/8