Madras High CourtWP/37679/2024disposed of

Kalyani v. The District Collector

2024-12-16Honourable Mr Justice M. Sundar,Honourable Mr.Justice K.Rajasekar9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2024

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Kalyani W/o.Gnanasekar ... Petitioner Vs.

The District Collector Collectorate Tiruppur - 641 604.

The Commissioner Tiruppur City Municipal Corporation Mangalam Road Tiruppur - 641 604.

The Revenue Divisional officer 185, Tiruppur Road, Kannipiran Colony Valipalayam Tiruppur - 641 601.

The Tahsildar (Tirupur North) 185, Tiruppur Road, Kannipiran Colony Valipalayam Tiruppur - 641 601.

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The Block Development Officer Tirupur Panchayat Union Office Tirupur - 641 602.

The Head Surveyor Tirupur Corporation Tirupur - 641 601.

The Town Sub Inspector Survey North Tiruppur City Municipal Corporation Tiruppur-641 604.

The Sub-Collector Collectorate Tiruppur - 641 604.

The Assistant Commissioner (Zone-2) Tiruppur City Municipal Corporation Tiruppur - 641 604.

10.

Thenmozhi W/o.Somasundaram 11.

Balu S/o.Kaalai 12.

Dhanalakshmi @ Anandhi W/o.Thambu @ Senthilkumar 13.

Indhumathi W/o.Loganathan ... Respondents Page Nos.2/9

Prayer :

Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the 2nd respondent to take necessary steps to remove the encroachment made by the 10th to 13th respondents in the Government Poramboke land comprised in T.S.No.11 and 18 in Block No.204 in Ward-F of Mannarai Village, Tiruppur North, Tiruppur District as per the recommendation by the 1st respondent in Mu.M.No.16933/2024/A3 dated 11.09.2024.

For Petitioner :

Mr.N.Manokaran for Mr.Hari Krishnan .G For Respondents :

Mr.T.K.Saravanan Government Advocate for R1, R3, R4 and R8 Mr.S.Yashwanth Additional Government Pleader for R5 Mr.Abishek Murthy Standing Counsel for Tiruppur Municipal Corporation for R2, R6, R7 and R9

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.N.Manokaran, learned counsel representing counsel on record for writ petitioner is before us.

3. Adverting to a representation from the writ petitioner dated 22.08.2024, learned counsel for writ petitioner submitted that there is alleged encroachment at 'T.S.Nos.11 and 18, Block No.204, Ward-F of Mannarai Village, Tiruppur North, Tiruppur District ' [hereinafter 'said land' for the sake of convenience and clarity] by R10 to R13 before us. To be noted, R10 to R13 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 R9) and putting in a safety valve / adequate protection qua alleged encroachers i.e., R10 to R13.

5. Issue notice to official respondents i.e., R1 to R9.

6. Mr.T.K.Saravanan, learned Government Advocate accepts notice for R1, R3, R4 and R8, Mr.S.Yashwanth, learned Additional Government Pleader accepts notice for R5 and Mr.Abishek Murthy, learned Standing Counsel for Tiruppur Municipal Corporation accepts notice for R2, R6, R7 and R9.

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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, 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), Tiruppur, 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 Page Nos.5/9

encroachers (R10 to R13) 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. 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 Page Nos.6/9

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.) 16.12.2024 Index : Yes / No Speaking order / Non-speaking order mk Page Nos.7/9

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