P.Mathisekar v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.06.2025
CORAM
THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR 1.Mathisekar
2. Selvarani ... Petitioners vs.
1. The State of Tamil Nadu Rep. by District Collector Cuddalore District Cuddalore - 607 001
2. The Revenue Divisional Officer Office of the Revenue Divisional Officer Cuddalore - 607 001
3. The Tahsildar Kurinjipadi Taluk Kurinjipadi Taluk Office Kurinjipadi - 607 302
4. The Superintending Engineer Cuddalore Electricity Distribution Circle Capper Hills, Cuddalore - 4
5. The Junior Engineer Operation & Maintenance Page Nos.1/8
TANGEDCO Venkadampettai - 607 302 Kurinjipadi Taluk
6. V.Radhakrishnan
7. Sagunthala ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing Respondents 1 to 3 to remove the unlawful encroachment made by the sixth respondent in Survey Nos.121/70.01 Ares and 121/9-0.01 Ares in Korananpattu Village, Kurinjipadi Taluk, Cuddalore District and to direct the respondents 4 and 5 to disconnect the illegal electricity connection taken by the 7th respondent from the 1st petitioner's service connection number in S.C.No.145, by considering the petitioners' representation dated 19.07.2021. For petitioner :
Mr.V.Rajesh Babu For Respondents :
Mr.T.K.Saravanan Additional Government Pleader For R1 to R3 Mr.V.Venkataseshaiya Standing counsel for R4 and R5 R6 and R7 served (No appearance) Page Nos.2/8
ORDER
[Order of the Court was made by M.SUNDAR, J.] Subject matter of captioned main 'Writ Petition' is constituted by two parcels of land, one in 'S.No.121/7 and another in S.No.121/9, both in Korananpattu Village, Kurinjipadi Taluk' ('I parcel' and 'II parcel' of land respectively for the sake of convenience).
2. Mr.V.Rajesh Babu, learned counsel for writ petitioners and Mr.T.K.Saravanan, learned Additional Government Pleader for R1 to R3 and Mr.V.Venkataseshaiya, learned Standing counsel for R4 and R5 are before this Court.
3. As regards II parcel of land, learned State counsel submits that patta has been issued. Therefore, we preserve the rights and contentions of writ petitioners, private respondents, who are R6 and R7 as well as any other person who may have interest in the matter to seek cancellation of patta / resist the same. If such proceedings are initiated, the same shall be considered on its own merits and in accordance with law.
4. As regards I parcel of land, adverting to a representation dated 19.07.2021 from the writ petitioners, learned counsel for writ petitioners Page Nos.3/8
submitted that there is encroachment in 'Survey Nos.121/7 in Korananpattu Village, Kurinjipadi Taluk, Cuddalore District ' [hereinafter 'said land' for the sake of convenience and clarity].
5.
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 encroacher/s, we are of the view that the captioned WP can be disposed of by putting in a safety valve / adequate protection qua alleged encroacher/s. 6.
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
7.
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, Cuddalore District) qua said GO. 8.
This Court directs the jurisdictional Divisional Monitoring Committee to examine if there is encroachment qua said land. 9.
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 03.10.2025. 10.
It is open to the writ petitioners 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. 11.
We make it clear that we have not expressed any view or Page Nos.5/8
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.
12. 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.) 25.06.2025 (2/2) gpa Page Nos.6/8
To
1. The District Collector State of Tamil Nadu Cuddalore District Cuddalore - 607 001
2. The Revenue Divisional Officer Office of the Revenue Divisional Officer Cuddalore - 607 001
3. The Tahsildar Kurinjipadi Taluk Kurinjipadi Taluk Office Kurinjipadi - 607 302
4. The Superintending Engineer Cuddalore Electricity Distribution Circle Capper Hills, Cuddalore - 4
5. The Junior Engineer Operation & Maintenance TANGEDCO Venkadampettai - 607 302 Kurinjipadi Taluk Page Nos.7/8
M.SUNDAR, J.
and HEMANT CHANDANGOUDAR, J.
gpa 25.06.2025 (2/2) Page Nos.8/8