Sankarappa v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.09.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR Sankarappa ... Petitioner Vs.
1.The District Collector, Krishnagiri District.
2.The Tahsildar, Shoolagiri Taluk, Krishnagiri District.
3.The Inspector of Police, Shoolagiri Police Station, Krishnagiri District.
4.Ramesh 5.Harish Kumar ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 15.05.2025 requesting to remove the encroachment made by the fourth and fifth Page Nos.1/7
respondents in S.No.188/6 measuring to an extent of 2.20 acres of land in Mididhepalli Revenue Village situated at Athimugam Village, Shoolagiri Taluk, Krishnagiri District.
For Petitioner :
Mr.K.Thiruvengadam For Respondents :
Mr.T.K.Saravanan, Additional Government Pleader for R1 and R2 Mr.S.Raja Kumar, Additional Public Prosecutor for R3
ORDER
[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of the captioned 'Writ Petition' [hereinafter 'WP' for the sake of brevity].
2.
Mr.K.Thiruvengadam, learned counsel on record for writ petitioner, is before us.
3.
Adverting to a representation dated 15.05.2025 from the writ petitioner, learned counsel for writ petitioner submitted that there is alleged encroachment qua 'S.No.188/6 measuring to an extent of 2.20 acres of land in Mididhepalli Revenue Village situate at Page Nos.2/7
Athimugam Village, Shoolagiri Taluk, Krishnagiri District' [hereinafter 'said land' for the sake of convenience and clarity] by private respondents, who have been arrayed as R4 and R5 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 (R1 to R3) and dispensing with notice to private respondents/R4 and R5 inter alia by putting in a safety valve / adequate protection qua alleged encroachers i.e., R4 and R5. 5.
Issue notice to official respondents, i.e., R1 to R3. 6.
Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for R1 and R2 and Mr.S.Raja Kumar, learned Additional Public Prosecutor accepts notice for R3.
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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, captioned WP was taken up in the Admission Board 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 Revenue Divisional Officer, Hosur 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 Page Nos.4/7
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 16 weeks from today i.e., by 26.12.2025. 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 public land is also left open for the Committee concerned to take a call.
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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.) 04.09.2025 Index : Yes / No mmi To 1.The District Collector, Krishnagiri District.
2.The Tahsildar, Shoolagiri Taluk, Krishnagiri District.
3.The Inspector of Police, Shoolagiri Police Station, Krishnagiri District.
4.The Revenue Divisional Officer, Hosur.
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M.SUNDAR, J., and MUMMINENI SUDHEER KUMAR, J., mmi 04.09.2025 Page Nos.7/7