P.Dayalan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR P. Dayalan Petitioner vs.
1.
The District Collector Collector Office Buildings Collector Office Kanchipuram 2.
The Tahsildar Wallajabad Taluk Wallajabad Taluk Office Kanchipuram - 631 605 3.
The Executive Officer Wallajabad Town Panchayat Wallajabad Kanchipuram District - 631 605 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to remove all the encroachments in the water pond of Survey No.369/1, South New Street, Wallajabad Town, Kanchipuram District based on the petitioner's representations dated 29.07.2024 and 28.10.2024. Page Nos.1/8
For petitioner Mr. P. Kannan Kumar For respondents Mr. T.K. Saravanan Government Advocate
ORDER
[made by M.SUNDAR, J.] This order will now dispose of the captioned 'Writ Petition' ['WP' for the sake of brevity].
2.
Mr. P. Kannan Kumar, learned counsel on record for writ petitioner, is before us.
3.
Adverting to representations dated 29.07.2024 and 28.10.2024 from the writ petitioner, learned counsel for writ petitioner submitted that there are alleged encroachments in water pond in 'Survey No.369/1, South New Street, Wallajabad Town, Kanchipuram District', [hereinafter 'said pond' for the sake of convenience and clarity]. To be noted, names of alleged encroachers are not known to writ petitioner.
Page Nos.2/8
4.
Considering the obtaining position, we are of the view that the captioned WP can be disposed of by ordering notice to respondents (RR 1 to 3) and putting in a safety valve / adequate protection qua alleged encroachers.
5.
Issue notice to respondents (RR 1 to 3).
6.
Mr. T.K. Saravanan, learned Government Advocate, accepts notice for respondents.
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, captioned 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 Page Nos.3/8
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 Sub Collector, Kanchipuram 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 pond. The Divisional Monitoring Committee shall also ensure that adequate and ample opportunity is given to persons concerned, more particularly alleged encroachers, 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 their own Page Nos.4/8
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). The entire exercise shall be completed within a period of 12 weeks from today i.e., by 21.04.2025. 12.
It is open to the writ 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 is 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 pond 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. Page Nos.5/8
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.) 24.01.2025 cad Index :
Yes/No Internet :
Yes/No Page Nos.6/8
To 1.
The District Collector Collector Office Buildings Collector Office Kanchipuram 2.
The Sub-Collector Walajabad Taluk Kanchipuram 3.
The Tahsildar Wallajabad Taluk Wallajabad Taluk Office Kanchipuram - 631 605 4.
The Executive Officer Wallajabad Town Panchayat Wallajabad Kanchipuram District - 631 605 Page Nos.7/8
M.SUNDAR, J.
and K.RAJASEKAR, J.
cad 24.01.2025 Page Nos.8/8