Panaiyadi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Panaiyadi ... Petitioner vs.
1.The District Collector, Trichy District, Trichy.
2.The Revenue Divisional Officer, Srirengam Revenue Division, Vannankovil, Trichy District.
3.The Tahsildar, Srirengam Taluk, Trichy District.
4.The Block Development Officer (Village Panchayat)/ Monitoring Committee, Manikandam Union, Srirengam Taluk, Trichy District.
5.The President, Thayanur Village Panchayat, Manikandam Union, Srirengam Taluk, Trichy District.
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6.Annavi 7.Maruthupandi 8.The Commissioner of Revenue Administration and Disaster Management, Chennai - 5.
... Respondents (R - 8 is suo motu impleaded vide order dated 07.03.2024) PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to provide pathway by laying road after removing the encroachment made by the private respondent in S.F.Nos.264/22 and 266 which is classified as Natham land in Thayanur Village, Manikandam Block, Srirengam Taluk, Trichy District on the basis of the petitioner's representations dated 28.02.2023 and 16.10.2023 within the time frame fixed by this Court. For Petitioner : Mr.T.Vadivelan For Respondent Nos.1 to 3 : Mr.P.Thilak Kumar Government Pleader
ORDER
(Order of the Court was made by D. KRISHNAKUMAR, J.) The petitioner has filed the present Writ Petition for issuance of a Writ of Mandamus, to direct the respondents 1 to 5 to provide pathway by laying road after removing the encroachment made by the private respondent in S.F.Nos.264/22 and 266 which is classified as Natham land in 2/18
Thayanur Village, Manikandam Block, Srirengam Taluk, Trichy District on the basis of the petitioner's representations dated 28.02.2023 and 16.10.2023 within the time frame fixed by this Court.
2.When the matter came up for hearing on 07.03.2024, we passed the following order:
The Government, vide G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, 'LD. 6(2)' Section, dated 08.02.2022, constituted various committees from time to time at Taluk / Divisional / District / State Level to protect the Government lands from encroachments. As per the said Government Order, the Committee shall meet once in a month. Though the said Government Order is passed in the year 2022, everyday, several Writ Petitions are being filed before this Court, seeking for removal of encroachment in the Government lands. Therefore, the Commissioner of Revenue Administration and Disaster Management, Chennai-5 is suo motu impleaded as party respondent in this Writ Petition, in order to file a detailed report regarding the compliance of the said Government Order. 2.Post this matter on 14.03.2024 at 02.15 p.m., for filing report before this Court, failing which, the Commissioner of Revenue Administration and Disaster Management, has to appear before this Court.
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3.Pursuant to the order passed by this Court, dated 07.03.2024, the third respondent filed a counter-affidavit, dated 12.03.2024 and the eighth respondent has filed a status report dated Nil, March, 2024. 4.A detailed report has been filed by the eighth respondent/Commissioner of Revenue Administration and Disaster Management Department, Chennai, stating that the Government had issued G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, 'L.D.6(2)' Section, dated 08.02.2022 constituting new committees in supersession of earlier committees to monitor the encroachments in water bodies and other Government lands. By virtue of the same, three Committees have been constituted, each at Divisional level, District and State level for effective reporting / monitoring of developments in identifying and eviction of encroachments in water bodies and other Government lands.
5.In the status report, the details of the members of the Divisional Monitoring Committee headed by the Revenue Divisional Officer, District Monitoring Committee headed by the District Collector and State 4/18
Steering Committee headed by the Chief Secretary to Government have been stated, which reads as follows:
'Members of the Divisional Monitoring Committee: ➔Jurisdictional Deputy Superintendent of Police / Assistant Commissioner of Police.
➔Municipal Commissioners ➔All Tahsildars ➔Sub-Divisional Officer / Water Resources Department ➔Assistant Divisional Engineer, Highways of C & M Wing of Highways ➔Zonal Officer of Assistant Director Cadre from Rural Development & Panchayat Raj Department ➔Divisional Inspector of Survey ➔Any other special invitees as decided from time to by the Chairman The Divisional level Committee is entrusted with the works of identifying, enumerating and reporting of category wise objectionable and unobjectionable encroachments and has been monitoring the action taken against the encroachments at Taluk level. The Committee shall meet once in a month. Members of the District Monitoring Committee: ➔Superintendent of Police ➔Commissioner of Police (if applicable) ➔Corporation Commissioner (if applicable)/Municipal Corporation of District Head Quarter Municipality 5/18
➔Executive Engineer / Water Resources Department of all relevant divisions ➔Divisional Engineer Highways of C & M wing of Highways ➔Project Director / Joint Director of Rural Development Additional Director (Panchayat) ➔Assistant Director, Town Panchayats ➔Assistant Director, Survey and Land Records ➔All Revenue Divisional Officers ➔District Revenue Officer - Convener ➔Any other special invitees as decided from time to by the Chairman The District Level Committee shall prepare a District level action plan on enumeration and eviction of encroachments in Government lands with priority being given to water bodies, monitor the progress and report to the Commissioner of Land Administration. The Committee shall meet monthly on the date of District Revenue Administration Meeting / Law & Order meeting. Members of the State Steering Committee:
➔Secretary, Revenue & Disaster Management Department ➔Secretary, Municipal Administration and Water Supply Department ➔Secretary, Water Resources Department ➔Secretary, Highways & Minor Ports Department ➔Secretary, Rural Development and Panchayat Raj Department 6/18
➔Secretary, Home, Prohibition and Excise Department ➔Secretary, Housing and Urban Development Department ➔Director General of Police ➔Director of Rural Development and Panchayat Raj Department ➔Commissioner, Greater Chennai Corporation ➔Engineer-in-Chief, Water Resource Department ➔Director General, Highways ➔Managing Director, TN Urban Habitat Development Board ➔Director of Survey and Settlement ➔Commissioner of Land Administrations - Convenor ➔Any other Special Invitees as decided from time to by the Chairman.
The State Committee shall monitor and review the overall progress in eviction of encroachment and compliance of Court orders in respect of encroachments in water bodies and other highly objectionable poramboke lands. The Committee will convene once in a month and the issues will be taken up for discussion along with all Secretaries Meeting. 6.In the status report, it is further stated that the State Level Committee is monitoring and reviewing the overall progress in the eviction of encroachments in compliance of Court orders in respect of encroachments in water bodies and other highly objectionable poramboke 7/18
lands. The State Level Steering Committee meeting was conducted on 12.09.2023 and 29.11.2023 and the committee has reviewed and monitored the eviction process carried out by the Divisional / District Level Committees. The next State Level Committee is scheduled to be convened by the end of March, 2024. A total number of 2315 complaints have been received, out of which 1863 complaints has been disposed until November, 2023 and the Committee has undertaken a scrupulous approach, diligently examining each case of water body and other encroachments to address the concern raised in the complaints. The committee takes effective initiatives towards protection and maintenance of water bodies, safeguarding their ecological balance and preserving their vital role in State's well-being.
The committee also aims to ensure a thorough and comprehensive examination of each case focusing on long term welfare of the State. The committee also ensures compliance with the directions and guidelines issued by the Hon'ble Supreme Court and this Court from time to time to safeguard against encroachments on water bodies.
7.The details of the working of Divisional / District Level Monitoring Committee as per G.O.(Ms)No.64, Revenue and Disaster Management LD6(2) Department, dated 08.02.2022 is as follows: 8/18
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8.The details of monitoring of eviction of encroachment in water bodies and other Government lands till December, 2023 is as follows: 10/18
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9.In the status report, it is further stated that an extent of 19884.52091 hectares were identified under encroachment, out of which 9858.223 hectares were evicted and the remaining extent of 10026.29791 is under the process of eviction and is monitored during regular D.R.O's review meeting. A detailed circular bearing instructions, procedures and guidelines to be followed was issued vide Circular in T3/669179/2023, dated 26.02.2024 to all the District Collectors so as to communicate it to the Divisional / District Level Committee members and the details of the instructions read as follows:
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a.The competent authority on receipt of petition received under G.O.Ms.No.64, Revenue and Disaster Management Department, LD.6(2), Secretariat, Chennai, dated 08.02.2022 shall dispose the complaints / representations / informations and register complaints, wherever required within a period of 12 Weeks from the date of receipt of the same. b.In the event of negligence, lapses or dereliction of duty on the part of the competent authority under the statutes or any department in removing the encroachments and to protect the Government properties, the Monitoring Authority shall initiate Disciplinary action against the erring officials. c.The status of the complaints / representations or information regarding the encroachments of Government lands, public properties, water bodies etc should be uploaded in the District Administration Website.
The Divisional Monitoring Committee/ District Monitoring Committee shall monitor the petitions received from the respective departments and shall upload the details of the same in the District Administration Website. The details to be uploaded in the District Website is annexed herewith.
d.The Divisional Monitoring Committee/ District Monitoring Committee shall convene meeting every month and ensure that the petitions/complaints received are disposed within a period of 12 weeks from the date of receipt. 14/18
e.The District Collectors are instructed to monitor the progress of the eviction and upload High resolution photos of eviction in the Google Drive.
f.The Divisional Monitoring Committee should scrutinize the village records maintained by the Village Administrative Officers, and ensure that the encroachments reported in the respective fasli have been evicted. The Divisional Monitoring Committee shall review and maintain a separate register to keep track on the progress of eviction carried out and also to issue necessary instructions to their subordinate officials for prevention of new encroachments.'
10.In the status report, it is further stated that the Chief Secretary has reviewed the progress of eviction during all Secretaries meeting to protect the Government lands, as per G.O.Ms.No.64, Revenue and Disaster Management Department, Land Disposal Wing, 'LD.6(2)', dated 08.02.2022. Further, it is seen from the status report that 25390.7648 hectares of land are still to recover from the said encroachers. 11.As per the particulars provided, it is reported that there are still 10026.29791 hectares of lands pertaining to water bodies are not recovered from the encroachers. Despite several directions/orders have been passed by this Court, it is still reported that some encroachments 15/18
remain un-recovered. Hence, the Chief Secretary to the Government shall take decisive measures by conducting periodical meetings with the authorities concerned to remove the remaining encroachments and to implement robust monitoring mechanisms to prevent future encroachments at the earliest. In view of the above, we are of the view that the Government has to take necessary efforts to recover the possession of the abovesaid lands and restore the same to the concerned Department from the encroachers without any further delay. Further, according to the learned Government Pleader, the details of the Government lands, over which encroachment have also been uploaded in the website. 12.On coming to the present case on hand, the third respondent has stated that with regard to Survey No.
264/22, it is a Natham poramboke land and there is no encroachment and with regard to Survey No.266, there are so many sub-divisions and the same belong to the private parties, except the sub-division in Survey No.266/33 which is classified as a 'ghij' , in which there is no encroachment on the said property. Therefore, the relief sought for by the petitioner cannot be granted. If the petitioner is still having any grievance, he can approach the appropriate forum and work out his remedy in the manner known to law.
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13.Accordingly, the Writ Petition is dismissed. No costs. [D.K.K.,J.] [R.V.,J.] 14.03.2024 NCC : Yes / No Index : Yes / No ps To 1.The District Collector, Trichy District, Trichy.
2.The Revenue Divisional Officer, Srirengam Revenue Division, Vannankovil, Trichy District.
3.The Tahsildar, Srirengam Taluk, Trichy District.
4.The Block Development Officer (Village Panchayat)/ Monitoring Committee, Manikandam Union, Srirengam Taluk, Trichy District.
5.The President, Thayanur Village Panchayat, Manikandam Union, Srirengam Taluk, Trichy District.
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D. KRISHNAKUMAR ,J.
and R.VIJAYAKUMAR,J.
ps ORDER MADE IN DATED : 14.03.2024 18/18