The High Court disposed of a writ petition alleging encroachment on government land by referring the matter to the Divisional Monitoring Committee constituted under G.O.(Ms)No.64 for examination and report after affording an opportunity to the alleged encroacher.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.15727 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.11.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.P.No.15727 of 2021
P.Selvakumar
... Petitioner
vs
5.R.Rajendran
... Respondents
Page Nos.1/7
W.P.No.15727 of 2021
Writ Petition filed under Article 226 of The Constitution of India
praying to issue a Writ of Mandamus to direct respondents 1 to 4 to take necessary steps to retrieve the “GOVERNMENT LAND” from the encroachment within a specified period fixed by this Court.
For Petitioner : Mr.M.Vignesh for Mr.M.Kavikannan
For Respondents : Mr.M.S.Arasakumar, Govt. Advocate for R1 to R4 No appearance for 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].
learned counsel on record for writ petitioner and Mr.M.S.Arasakumar, learned Government Advocate for R1 to R4 are before us.
Page Nos.2/7
W.P.No.15727 of 2021
14.07.2021, learned counsel for writ petitioner submitted that there is alleged encroachment at 'cement road in Survey No.343/9, Devamangalam Village, Udayarpalayam Taluk, Ariyalur District' [hereinafter 'said road' for the sake of convenience and clarity] by R5 before us. To be noted, R5 is a private respondent.
considering the limited scope of the captioned WP, with the consent of both sides, main WP was taken up.
W.P.No.15727 of 2021
to refer the matter to the Divisional Monitoring Committee headed by Revenue Divisional Officer (RDO), Udayarpalayam, in the light of G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022.
W.P.No.15727 of 2021
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).
W.P.No.15727 of 2021
no order as to costs.
(M.S.,J.) (K.R.S.,J.) 12.11.2024
Index : Yes / No Neutral Citation : Yes / No mmi
To
2.The Thasildhar, Office of the Jayankondam Taluk, Jayankondam, Ariyalur District – 621 802.
Page Nos.6/7
W.P.No.15727 of 2021
M.SUNDAR, J., and K.RAJASEKAR, J.,
mmi
W.P.No.15727 of 2021
12.11.2024
Page Nos.7/7
2 issues framed by the court
Whether the specified government land is encroached upon by R5?
Whether the State authorities should retrieve the encroached government land?
2 provisions across 2 enactments
P.Selvakumar
District Collector, Ariyalur
Thasildhar, Jayankondam Taluk
Block Development Officer, Jayankondam Panchayat Union
President, Devamangalam Village Panchayat
R.Rajendran
M.SUNDAR
K.RAJASEKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
