Aroan Pandian v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and W.M.P. No.40170 of 2024 in W.P. No.37173 of 2024 Aroan Pandian rep. By Power of Attorney Sebasti John ... Petitioner Vs.
1.The District Collector, Grand Southern Trunk road, Chengalpattu, Venbakkam, Tamil Nadu - 603 111.
2.The Tashildar, VOC Nagar, Chengalpattu, Ammanambakkam, Tamil Nadu - 603 001.
3.The Revenue Divisional Officer, VOC Nagar, Chengalpattu, Ammanambakkam, Tamil Nadu - 603 001.
4.Mrithula ... Respondents Page Nos.1/8
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 remove the illegal wall and construction put up by the fourth respondent on the public pathway on the northern side of the petitioner's property located at Plot No.8, Mullai Nagar, near MP Agencies, Opposite DAE Township, Anupuram, Neikuppi, Chengalpattu - 603 102.
For Petitioner :
Ms.M.Karpagam For Respondents :
Mr.T.K.Saravanan Government Advocate for R1 to R3
ORDER
[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.M.Karpagam, learned counsel on record for writ petitioner is before us.
Page Nos.2/8
3. Adverting to a representation from the writ petitioner dated 20.04.2024, learned counsel for writ petitioner submitted that there is alleged encroachment on a 'public pathway on the northern side of the property at Plot No.8, Mullai Nagar, near MP Agencies, Opposite DAE Township, Anupuram, Neikuppi, Chengalpattu - 603 102' [hereinafter 'said pathway' for the sake of convenience and clarity] by R4 before us. To be noted, R4 is a private respondent.
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 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 Page Nos.3/8
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 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), Chengalpattu 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 pathway. The Divisional Monitoring Committee shall also ensure that adequate Page Nos.4/8
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 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. Page Nos.5/8
13. We make it clear that we have not expressed any view or opinion as to whether there is encroachment or not qua said pathway 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 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. Consequently, captioned Writ Miscellaneous Petition (WMP) thereat is disposed of as closed. There shall be no order as to costs.
(M.S.,J.) (K.R.S.,J.) 11.12.2024 Index : Yes / No mmi To 1.The District Collector, Grand Southern Trunk road, Page Nos.6/8
Chengalpattu, Venbakkam, Tamil Nadu - 603 111.
2.The Tashildar, VOC Nagar, Chengalpattu, Ammanambakkam, Tamil Nadu - 603 001.
3.The Revenue Divisional Officer, VOC Nagar, Chengalpattu, Ammanambakkam, Tamil Nadu - 603 001.
M.SUNDAR, J., and K.RAJASEKAR, J., mmi Page Nos.7/8
11.12.2024 Page Nos.8/8