P.Alamelu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR P.Alamelu W/o.Perumal ... Petitioner Vs.
1.
The District Collector Villupuram District Villupuram.
2.
The Tahsildar Melmalaiyanur Taluk Melmalaiyanur Villupuram District.
3.
G.Kavitha W/o.Ganapathi ... Respondents Prayer :
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 and 2 to remove the encroachments caused by the respondent No.3 in Survey No.19, situate in Vakkur Village, Vikravandi Taluk, Villupuram District by Page Nos.1/7
considering the petitioner's representation dated 04.09.2023 and in pursuant to the memorandum issued by the first respondent in Oo.Mu.A5/1290029/2023 dated 13.09.2023.
For Petitioner :
Mr.C.Munusamy For Respondents :
Mr.T.K.Saravanan Government Advocate for R1 & R2
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. Mr.C.Munusamy, learned counsel on record for writ petitioner is before us.
3. Adverting to a representation from the writ petitioner dated 04.09.2023, learned counsel for writ petitioner submitted that there is alleged encroachment at 'Survey No.19, situate in Vakkur Village, Vikravandi Taluk, Villupuram District' [hereinafter 'said land' for the sake of convenience and clarity] by R3 before us. To be noted, R3 is a private respondent.
Page Nos.2/7
4. Considering the obtaining position, we are of the view that the captioned WP can be disposed of by ordering notice to respondents (R1 & R2) and putting in a safety valve / adequate protection qua alleged encroacher i.e., R3.
5. Issue notice to official respondents i.e., R1 & R2.
6. Mr.T.K.Saravanan, learned Government Advocate accepts notice for R1 & R2.
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 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 Page Nos.3/7
Divisional Officer (RDO), Villupuram 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 encroacher (R3) 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 Page Nos.4/7
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 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.) 10.12.2024 Index : Yes / No Speaking order / Non-speaking order mk Page Nos.5/7
M.SUNDAR, J., and K.RAJASEKAR, J., mk To 1.
The District Collector Villupuram District Villupuram.
2.
The Tahsildar Melmalaiyanur Taluk Melmalaiyanur Villupuram District.
3.
The Revenue Divisional Officer Villupuram District.
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