E.Goshi 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 E. Goshi Petitioner vs.
1.
The District Collector Chengalpattu District O/o the District Collector Grand Southern Trunk Road Venbakkam, Chengalpattu - 603 111 2.
The Commissioner of Land Administration Ezhilagam Chepauk Chennai 600 005 3.
The Commissioner Tambaram City Municipal Corporation Muthuranga Mudali Street West Tambaram Chennai 600 045 4.
The Tahsildar Office of the Tahsildar Tambaram Taluk Chennai 600 059 5.
The Assistant Engineer Tamil Nadu Generation & Distribution Corporation Ltd. Kadaperi,Tambaram Chennai 600 045
6.
Sudha Ravindran 7.
V. Ravindran Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 5 to consider the petitioner's representation dated 19.04.2025 and to take appropriate action against the respondents 6 and 7 for encroaching the public road and to remove the unauthorised illegal construction put up by the respondents 6 and 7 in Old S.No.74, T.S. No.36, Block No.7, Ward-B, Kadaperi Village, Tambaram Taluk, Chengalpattu District.
For petitioner Mr. K. Kumaraguru For RR 1,2 & 4 Mr. K. Suresh Government Advocate For R3 Mr. P. Srinivas Standing Counsel For R5 Mr. L. Jai Venkatesh Standing Counsel for TANGEDCO
ORDER
(made by M. SUNDAR, J.) This order will now dispose of the captioned 'writ petition' ['WP' for the sake of brevity].
2.
Mr. K. Kumaraguru, learned counsel on record for writ petitioner, is before us.
3.
Adverting to a representation dated 19.04.2025 from the writ petitioner, learned counsel for writ petitioner submitted that there is alleged encroachment in 'Old S.No.74, T.S. No.36, Block No.7, Ward-B, Kadaperi Village, Tambaram Taluk, Chengalpattu District' [hereinafter 'said land' for the sake of convenience and clarity] by private respondents, who have been arrayed as respondents 6 and 7 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 (respondents 1 to 5) and dispensing with notice to private respondents (respondents 6 and 7) inter alia by putting in a safety valve / adequate protection qua alleged encroachers i.e., respondents 6 and 7.
5.
Issue notice to official respondents, i.e., respondents 1 to 5. 6.
Mr. K. Suresh, learned Government Advocate, accepts notice for respondents 1,2 and 4, Mr. P. Srinivas, learned Standing Counsel, accepts notice for third respondent Corporation and Mr. L. Jai Venkatesh, learned Standing Counsel, accepts notice for fifth respondent. 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 for writ petitioner and learned State counsel, captioned WP was taken up in the Admission Board, i.e., Motion List, 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 the
Revenue Divisional Officer, Tambaram, Taluk Office Complex, GST Road, Kadaperi Village, Tambaram West Chennai 600 045 vide said GO. 10.
This Court directs the jurisdictional Divisional Monitoring Committee to examine if there is encroachment in said land. 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 26.11.2025.
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 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 a 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.) 20.08.2025 cad Index : Yes/No NC : Yes/No
To 1.
The District Collector Chengalpattu District O/o the District Collector Grand Southern Trunk Road Venbakkam, Chengalpattu 603 111 2.
The Commissioner of Land Administration Ezhilagam Chepauk, Chennai 600 005 3.
The Commissioner Tambaram City Municipal Corporation Muthuranga Mudali Street West Tambaram, Chennai 600 045 4.
The Tahsildar Office of the Tahsildar Tambaram Taluk Chennai 600 059 5.
The Assistant Engineer Tamil Nadu Generation & Distribution Corporation Ltd. Kadaperi Tambaram Chennai 600 045 6.
The Revenue Divisional Officer Tambaram Taluk Office Complex GST Road Kadaperi Village Tambaram West Chennai 600 045
M. SUNDAR, J.
and HEMANT CHANDANGOUDAR, J.
cad 20.08.2025