Annamalai v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.09.2025
CORAM
THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR W.P. No.33365 of 2025 Annamalai Petitioner vs.
1.
The District Collector Kanchipuram District Kanchipuram - 631 501 2.
The Revenue Divisional Officer Sriperumbudur Kanchipuram District - 602 105 3.
The Tahsildar Kundrathur Taluk Kundrathur Kanchipuram District - 600 069 4.
The Inspector of Police T-14, Mangadu Police Station Mangadu - 600 122 5.
Vatchala Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents 1 to 4 to close the ditch and restore its original position as common pathway situated in S.No.7 at Mariamman Koil Street, Alvancherry, Page No.1/8
Mugalivakkam Village, Kanchipuram District - 600 125 based on the petitioner's representation dated 23.07.2025. For petitioner Mr. P. Suresh Kumar For RR 1 to 3 Mr. T.K. Saravanan Addl. Govt. Pleader For R4 Mr. S. Rajakumar Addl. Public Prosecutor For R5 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].
2.
Mr. P. Suresh Kumar, learned counsel on record for writ petitioner, is before us.
3.
Adverting to a representation dated 21.07.2025 (to be noted, date of representation is not 23.07.2025 as stated in the prayer and also index to typed of papers) from the writ petitioner, learned counsel for writ petitioner submitted that there is alleged encroachment in the form of ditches in 'Survey No.7 at Mariamman Page No.2/8
Koil Street, Alvancherry, Mugalivakkam Village, Kanchipuram District - 600 125' [hereinafter 'said land' for the sake of convenience and clarity] by private respondent, who has been arrayed as fifth respondent 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 encroacher, we are of the view that the captioned WP can be disposed of by ordering notice to official respondents (respondents 1 to 4) and dispensing with notice to private respondent (fifth respondent) inter alia by putting in a safety valve / adequate protection qua alleged encroacher i.e., fifth respondent. 5.
Issue notice to official respondents, i.e., respondents 1 to 4.
6.
Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for respondents 1 to 3 and Mr. S. Rajakumar, Page No.3/8
learned Additional Public Prosecutor, accepts notice for fourth 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 for respondents 1 to 3 and 4, 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 second respondent vide said GO. 10.
This Court directs the jurisdictional Divisional Monitoring Committee to examine if there is encroachment in said land. Page No.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 encroacher and therefore, we make it clear that all rights and contentions of alleged encroacher 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 16 weeks from today i.e., by 24.12.2025. 12.
It is open to the writ petitioner and / or anyone concerned with this matter, including private respondent, 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 Page No.5/8
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 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.) (M.S.K.,J.) 03.09.2025 cad Page No.6/8
To 1.
The District Collector Kanchipuram District Kanchipuram 631 501 2.
The Revenue Divisional Officer Sriperumbudur Kanchipuram District 602 105 3.
The Tahsildar Kundrathur Taluk Kundrathur Kanchipuram District - 600 069 4.
The Inspector of Police T-14, Mangadu Police Station Mangadu 600 122 Page No.7/8
M.SUNDAR, J.
and MUMMINENI SUDHEER KUMAR, J.
cad 03.09.2025 Page No.8/8