A.Murugesan v. The 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 A.Murugesan ... Petitioner vs 1.The Collector District Collector Office Vellore District - 632 009
2. The Revenue Divisional Officer District Collector Office Sathuvachari Vellore District - 632 009
3. The Project Director District Collector Office Sathuvachari Vellore District - 632 009
4. The Assistant Director for Panchayats District Collector Office Sathuvachari Vellore District - 632 009
5. The Regional Development Officer District Collector Office Sathuvachari Vellore District - 632 009 Page Nos.1/8
6. Mr.Senthil Panchayat President Panchayat President Office Genganallur Anaikkattu Taluk Vellore District - 632 101
7. The Tahsildhar Anaikkattu Taluk Vellore District - 632 101
8. Mr.Deepak S/o.Ethiraj ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing respondents 5 and 7 to consider the petitioner's representation dated 01.07.2024 on the directions issued by the 1st, 3rd and 4th respondents and direct the 8th respondent to remove the encroachment in the 20 feet public pathway. For Petitioner :
Mr.A.M.Packianathan Easter For Respondents :
Mr.T.K.Saravanan Govt. Advocate for R1 to R7
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].
Page Nos.2/8
2. Mr.A.M.Packianathan Easter, learned counsel on record for writ petitioner is before us.
3. Adverting to a representation from the writ petitioner dated 01.07.2024, learned counsel for writ petitioner submitted that there is alleged encroachment in public pathway at 'S.F.No.129/1A, Ganganallur Panchayat, Anaikkattu Taluk, Vellore District' [hereinafter 'said land' for the sake of convenience and clarity] by R8 before us. To be noted, R8 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 R7) and putting in a safety valve / adequate protection qua alleged encroacher i.e., R8.
5. Issue notice to official respondents i.e., R1 to R7.
6. Mr.T.K.Saravanan, learned Government Advocate accepts notice for R1 to R7.
Page Nos.3/8
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), Sathuvachari, Vellore District, the second respondent herein, in the light of G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022.
Page Nos.4/8
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 (R8) 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,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).
Page Nos.5/8
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.) 02.01.2025 Index : Yes / No gpa Page Nos.6/8
To 1.The Collector District Collector Office Vellore District - 632 009
2. The Revenue Divisional Officer District Collector Office Sathuvachari Vellore District - 632 009
3. The Project Director District Collector Office Sathuvachari Vellore District - 632 009
4. The Assistant Director for Panchayats District Collector Office Sathuvachari Vellore District - 632 009
5. The Regional Development Officer District Collector Office Sathuvachari Vellore District - 632 009
6. Mr.Senthil Panchayat President Panchayat President Office Genganallur Anaikkattu Taluk Vellore District - 632 101
7. The Tahsildhar Anaikkattu Taluk Vellore District - 632 101 Page Nos.7/8
M.SUNDAR, J., and K.RAJASEKAR, J., gpa 02.01.2025 Page Nos.8/8