S.Boopathy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR S.Boopathy Son of Mr.Siddhan ... Petitioner Vs.
1. The District Collector Collectorate Dharmapuri District Dharmapuri - 636 809
2. The District Revenue Officer Collectorate Dharmapuri District Dharmapuri - 636 705
3. The Tahsildar Pennagaram Taluk Dharmapuri District
4. K.Prabakaran S/o.T.M.Krishnmoorthy ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing third respondent to consider Page Nos.1/8
the representation dated 19.02.2024 and consequently direct the respondents to ear mark the public pathway in Gramanatham Survey No. 412/1 and 16 situated in Onnapppagoundanahllii Village, Pennagaram, Dharmapuri District- 636 809 and for consequential orders. For Petitioner :
Ms.S.Thankira For Respondents :
Mr.T.K.Saravanan Government Advocate for R1 to R3
O R D E R
[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].
2. Ms.S.Thankira, learned counsel on record for writ petitioner is before us.
3. Adverting to a representation from the writ petitioner dated 19.02.2024, learned counsel for writ petitioner submitted that there is alleged encroachment in pathway situate in 'Gramanatham Survey No. 412/1 and 16 situated in Onnapppagoundanahllii Village, Pennagaram, Page Nos.2/8
Dharmapuri District- 636 809' [hereinafter 'said pathway' for the sake of convenience and clarity] by R4. To be noted, R4 is private respondent.
4. Considering the obtaining position, we are of the view that the captioned WP can be disposed of by ordering notice to official respondents (R1 to R3) and putting in a safety valve / adequate protection qua alleged encroacher i.e., R4.
5. Issue notice to official respondents i.e., R1 to R3.
6. Mr.T.K.Saravanan, learned Government Advocate accepts notice for R1 to R3.
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, main WP was taken up.
8. It was submitted by learned State counsel 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 Page Nos.3/8
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 Revenue Divisional Officer, Dharmapuri, in the light of G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022.
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 more particularly alleged encroacher (R4) before taking a call. In this regard, we are acutely conscious that the matter is being disposed of in Admission Board without notice to alleged encroacher and therefore, this safety valve is put in place. To be noted, all the rights and contentions of alleged encroacher are Page Nos.4/8
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.
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 encroacher).
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 Page Nos.5/8
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.) (K.R.S.,J.) 25.11.2024 Index : Yes / No gpa Page Nos.6/8
To
1. The District Collector Collectorate Dharmapuri District Dharmapuri - 636 809
2. The District Revenue Officer Collectorate Dharmapuri District Dharmapuri - 636 705
3. The Tahsildar Pennagaram Taluk Dharmapuri District
4. The Revenue Divisional Officer Dharmapuri District Page Nos.7/8
M.SUNDAR, J., and K.RAJASEKAR, J., gpa 25.11.2024 Page Nos.8/8