S.L.Krishnaswami 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 S.L.Krishnaswami ... Petitioner vs
1. The District Collector First Floor Kanchipuram Collectorate Office of the Collectorate Kanchipuram - 631 501
2. District Revenue Officer Kancheepuram Revenue District Office at Collectorate of Kanchipuram District Kanchipuram - 631 501
3. The Revenue Divisional Officer Sriperumbudur Range Office of the RDO No.6/114, Pattnoolchathram Sriperumbudur, Tamil Nadu 602 105
4. The Tahsildar Sriperumbudur Taluk Ramanujar Nagar, Sriperumbudur Tamil Nadu - 602 105
5. The Village Administrative Officer Page Nos.1/8
Somangalam Village, Poonthandalam Kanchipuram District Kanchipuram - 600 069
6. Mr.Ramesh
7. Mr.Venkatesh ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing respondents 1 to 5 to remove the illegal encroachment of the public road at Somangalam Village on the Somangalam to Karunagaracherri public road, Sriperumbadur Taluk, Kanchipuram District made by respondents 6 and 7 or other persons obstructing the road and entrance to the private property of the petitioner.
For Petitioner :
Mr.M.L.Ramesh For Respondents :
Mr.T.K.Saravanan Govt. Advocate for R1 to R5
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.M.L.Ramesh, learned counsel on record for writ petitioner is before us.
3. Adverting to a legal notice dated 17.08.2024, learned counsel for writ petitioner submitted that there is alleged encroachment in public road at 'Somangalam to Karunagaracherri public road, Sriperumbadur Taluk, Kanchipuram District' [hereinafter 'said land' for the sake of convenience and clarity] by R6 and R7 before us. To be noted, R6 and R7 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 R5) and putting in a safety valve / adequate protection qua alleged encroachers i.e., R6 and R7.
5. Issue notice to official respondents i.e., R1 to R5.
6. Mr.T.K.Saravanan, learned Government Advocate accepts notice for R1 to R5.
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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), Sriperumbudur Range, Sriperumbudur, the third respondent herein, in the light of G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022.
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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 (R6 and R7) 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,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 Page Nos.5/8
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 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 District Collector First Floor Kanchipuram Collectorate Office of the Collectorate Kanchipuram - 631 501
2. District Revenue Officer Kancheepuram Revenue District Office at Collectorate of Kanchipuram District Kanchipuram - 631 501
3. The Revenue Divisional Officer Sriperumbudur Range Office of the RDO No.6/114, Pattnoolchathram Sriperumbudur, Tamil Nadu 602 105
4. The Tahsildar Sriperumbudur Taluk Ramanujar Nagar, Sriperumbudur Tamil Nadu - 602 105
5. The Village Administrative Officer Somangalam Village, Poonthandalam Kanchipuram District Kanchipuram - 600 069 Page Nos.7/8
M.SUNDAR, J., and K.RAJASEKAR, J., gpa 02.01.2025 Page Nos.8/8