Ms Summathi Periyasamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Ms.Summathi Periyasamy President of Siruvachur Village Panchayat Siruvachur PO Thalaivasal Taluk Salem District.
... Petitioner Vs.
1.
The District Collector The District Collectorate Office Salem District.
2.
The Tahsildar Tahsildar Office Thalaivasal Taluk Salem District.
3.
The Block Development Officer Block Development Office Mummudi Salem District.
4.
C.Adakkala Mooper S/o.Cinnathambi Mooper Page Nos.1/7
5.
P.Alamarathan S/o.Ponnusamy ... Respondents Prayer :
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the 3rd respondent to remove the encroachments made by the 4th and 5th respondents on the North Street road in Survey No.713/7, Siruvachur Village, Thalaivasal Taluk, Salem District and on considering the petitioner's representation dated 14.08.2024 and 05.10.2024 and letter of the 2nd respondent in Na.Ka.2529/2024/A3 dated 05.09.2024.
For Petitioner :
Mr.A.Kumar For Respondents :
Mr.M.S.Arasakumar Government Advocate for R1 and R2 Mr.S.Balamurugan Government Advocate, for 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].
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2. Mr.A.Kumar, learned counsel on record for writ petitioner is before us.
3. Adverting to a representation from the writ petitioner dated 05.10.2024, learned counsel for writ petitioner submitted that there is alleged encroachment at 'Survey No.713/7, Siruvachur Village, Thalaivasal Taluk, Salem District' [hereinafter 'said land' for the sake of convenience and clarity] by R4 and R5 before us. To be noted, R4 and R5 are private respondents.
4. Considering the obtaining position, we are of the view that the captioned WP can be disposed of by ordering notice to respondents (R1 to R3) and 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.M.S.Arasakumar, learned Government Advocate accepts notice for R1 & R2. Mr.S.Balamurugan, learned Government Advocate accepts notice for 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 Page Nos.3/7
was taken up.
8. It was submitted by learned Government Advocate 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 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 (RDO), Atthur, Salem District, 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 encroachers (R4 and R5) before taking a call. In this regard, we are acutely conscious that the matter is being disposed of in Admission Board without Page Nos.4/7
notice to alleged encroachers and therefore, this safety valve is put in place. 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 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 encroachers).
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.5/7
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.) 04.12.2024 Index : Yes / No Speaking order / Non-speaking order mk To 1.
The District Collector The District Collectorate Office Salem District.
2.
The Tahsildar Tahsildar Office Thalaivasal Taluk Salem District.
3.
The Block Development Officer Block Development Office Mummudi Salem District.
4.
The Revenue Divisional Officer Atthur, Salem District.
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M.SUNDAR, J., and K.RAJASEKAR, J., mk 04.12.2024 Page Nos.7/7