P.Mani v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.01.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR P.Mani S/o.Palanigounder ... Petitioner vs 1.
The District Collector District Collector Officer 1st Floor, Main Building District Collectorate Tiruchengode Road Namakkal - 637 003.
2.
The Revenue Divisional Officer Revenue Divisional Office Vellore Road, Thiruchengode Namakkal - 637 211.
3.
The Thasildhar Thasildhar Office Vellore Road, Thiruchengode Namakkal - 637 211.
4.
The Village Administrative Officer Karumapuram Village Thiruchengodu Taluk Page Nos.1/7
Namakkal District.
5.
K.S.Thambi S/o.Sengoda Gounder 6.
Palaniyappan @ Palanisamy S/o.Nachimuthu Gounder 7.
T.Rajavel S/o.Thangavel 8.
Sasikumar S/o.Vannankadu 9.
P.Mani S/o.Palanigounder ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the representations dated 15.09.2022 and 10.10.2023. For Petitioner :
Mr.P.Keerthi Varman For Respondents :
Mr.T.K.Saravanan Government Advocate, for R1 to R4
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].
Page Nos.2/7
2. Mr.P.Keerthi Varman, learned counsel on record for writ petitioner is before us.
3. Adverting to representations dated 15.09.2022 and 10.10.2023, learned counsel for writ petitioner submitted that there is alleged encroachment in 'common pathway in S.Nos.3/9, 3/13 and 3/12, Kariyappanpatti, Karumapuram Village, Thiruchengode Taluk, Namakkal District' [hereinafter 'said land' for the sake of convenience and clarity] by R5 to R9 before us. To be noted, R5 to R9 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 R4) and putting in a safety valve / adequate protection qua alleged encroacher i.e., R5 to R9.
5. Issue notice to official respondents i.e., R1 to R4.
6. Mr.T.K.Saravanan, learned Government Advocate, accepts notice for R1 to R4.
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.
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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 the Revenue Divisional Officer, Vellore Road, Thiruchengode, Namakkal District, qua 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 (R5 to R9) 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 encroachers and therefore, this safety valve is put in place. Page Nos.4/7
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). The entire exercise shall be completed within a period of twelve weeks from today i.e., by 22.04.2025.
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.) 28.01.2025 Index : Yes / No Speaking / Non-speaking order mk To 1.
The District Collector District Collector Officer 1st Floor, Main Building District Collectorate Tiruchengode Road Namakkal - 637 003.
2.
The Revenue Divisional Officer Revenue Divisional Office Vellore Road, Thiruchengode Namakkal - 637 211.
3.
The Thasildhar Thasildhar Office Vellore Road, Thiruchengode Namakkal - 637 211.
4.
The Village Administrative Officer Karumapuram Village Thiruchengodu Taluk, Namakkal District.
Page Nos.6/7
M.SUNDAR, J., and K.RAJASEKAR, J., mk 28.01.2025 Page Nos.7/7