K.N.Venkatlakshmanan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.01.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR K.N.Venkatlakshmanan ... Petitioner vs
1. The District Collector Krishnagiri District Krishnagiri
2. The Tahsildar Krishnagiri
3. The Block Development Officer Panchayat Union Kaveripattinam Krishnagiri ... 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 petitioner's representation dated 19.08.2024, 26.08.2024 and 04.10.2024 Page Nos.1/7
and to take appropriate action to remove the encroachment in the streets of the Saraswathi Garden, Kaveripattinam - 635 112, Krishnagiri District within the time fixed by this Court.
For Petitioner :
Mr.M.Muthappan For Respondents :
Mr.T.K.Saravanan Govt. Advocate for R1 & R2 Ms.K.Vasanthamala Govt. Advocate for 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. Mr.M.Muthappan, learned counsel on record for writ petitioner is before us.
3. Adverting to representations dated 19.08.2024, 26.08.2024 and 04.10.2024, Mr.M.Muthappan, learned counsel for writ petitioner Page Nos.2/7
submitted that there is alleged encroachment in 'Saraswathi Garden, Kaveripattinam - 635 112, Krishnagiri District' [hereinafter 'said land' for the sake of convenience and clarity].
4. Considering the obtaining position, we are of the view that the captioned WP can be disposed of by ordering notice to respondents.
5. Issue notice to respondents.
6. Mr.T.K.Saravanan, learned Government Advocate accepts notice for R1 & R2 and Ms.K.Vasanthamala, 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 was taken up.
8. It was submitted by learned Government Advocate that Page Nos.3/7
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, Krishnagiri, 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 / alleged encroachers before taking a call. 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 Page Nos.4/7
untrammelled by this proceedings in this Court,within a period of twelve weeks from today i.e., by 27.03.2025.
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.) 02.01.2025 Index : Yes / No gpa To
1. The District Collector Krishnagiri District Krishnagiri
2. The Tahsildar Krishnagiri
3. The Block Development Officer Panchayat Union Kaveripattinam Krishnagiri
4. The Revenue Divisional Officer Revenue Division Office Veerapan Nagar Old Bangalore Road Krishnagiri - 635 001 Page Nos.6/7
M.SUNDAR, J., and K.RAJASEKAR, J., gpa 02.01.2025 Page Nos.7/7