R.Thangamani v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.02.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI R.Thangamani ... Petitioner Vs.
1.The District Collector, Tiruppur District, Erode.
2.The District Revenue Officer, Office of the District Revenue Officer, Tiruppur.
3.The Revenue Divisional Officer, Tiruppur.
4.The Tahsildar, Tiruppur South, Tiruppur.
5.The Block Development Officer, Tiruppur.
6.N.Vallatharasu ... Respondents Page Nos.1/8
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 to 5 herein to remove the encroachments made in Pond in S.No.242/1A of Mangalam Village, Tiruppur South Taluk, Tiruppur District within a time frame fixed by this Court.
For Petitioner :
Mr.S.Bharanidharan For Respondents :
Mr.T.K.Saravanan, Government Advocate for R1 to R4 Mr.S.Arumugam, Government Advocate for R5
ORDER
[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of the captioned 'Writ Petition' [hereinafter 'WP' for the sake of brevity].
2. Mr.S.Bharanidharan, learned counsel on record for writ petitioner is before us.
3. Adverting to representation dated 02.09.2023, Mr.S.Bharanidharan, learned counsel for writ petitioner submitted that there is alleged encroachment in a pond in 'Survey No.242/1A, Page Nos.2/8
Mangalam Village, Tiruppur South Taluk, Tiruppur District' [hereinafter 'said land' for the sake of convenience and clarity] by R6. To be noted, R6 is 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 R5) and putting in a safety valve / adequate protection qua alleged encroacher i.e., R6.
5. Issue notice to official respondents i.e., R1 to R5.
6. Mr.T.K.Saravanan, learned Government Advocate accepts notice for R1 to R4 and Mr.S.Arumugam, learned Government Advocate accepts notice for R5.
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.
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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 the Revenue Divisional Officer, Revenue Divisional Office, Tiruppur, 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 more particularly alleged encroacher (R6) before taking a call. In this regard, we are acutely conscious that the matter is being disposed of in Admission Page Nos.4/8
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 which again shall be after giving adequate and ample opportunity to alleged encroacher). The entire exercise shall be completed within a period of twelve weeks from today i.e., by 01.05.2025.
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. Page Nos.5/8
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.G.T.,J.) 06.02.2025 Index : Yes / No mmi To 1.The District Collector, Tiruppur District, Erode.
2.The District Revenue Officer, Office of the District Revenue Officer, Tiruppur.
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3.The Revenue Divisional Officer, Tiruppur.
4.The Tahsildar, Tiruppur South, Tiruppur.
5.The Block Development Officer, Tiruppur.
Page Nos.7/8
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mmi 06.02.2025 Page Nos.8/8