Disposed

Mohammed Ismail v. the District Collector

Madras HC13 Nov 2024WP/33938/2024

Case brief

AI extract

What is this about?

This petition seeks a writ of Mandamus directing the Commissioner Municipality to dispose of a representation dated 25.08.2024 regarding alleged encroachment at Survey No.24. The court, instead of immediate disposal, referred the matter to the Divisional Monitoring Committee constituted under a specific Government Order to examine the encroachment, ensuring due process to the alleged encroacher be

What did the court decide?

Main writ petition disposed of; matter referred to Divisional Monitoring Committee per G.O.(Ms)No.64 for examination of alleged encroachment with adequate opportunity to the alleged encroacher.

Mohammed Ismail Vs the District Collector — Land Acquisition | Madras HC (2024)

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W.P.No.33938 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 13.11.2024

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CORAM

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THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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W.P.No.33938 of 2024

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Mohammed Ismail S/o.Abdul Wahap

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... Petitioner

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Vs.

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The District Collector Tiruppur District Tiruppur.

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The Commissioner Municipality Office Tiruppur District - 1.

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The Thasildar South South Thasildar Office Sevanthampalayam Tiruppur - 6.

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The Land Surveyor Town Survey Inspector South Town Surveyor Office Municipality Office Tiruppur District.

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Page Nos.1/8

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https://www.mhc.tn.gov.in/judis

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W.P.No.33938 of 2024

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Jayanthi W/o.Senthil Kuppusamy ... Respondents

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Prayer :

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Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the 2nd respondent to dispose petitioner's representation dated 25.08.2024 within time frame.

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For Petitioner : Mr.K.Sudhakar For Respondents : Mr.V.Ravi Special Government Pleader for R1, R3 and R4 Mr.Abishek Murthy Standing Counsel, for R2

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O R D E R

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[Order of the Court was made by M.SUNDAR, J. ,]

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This order will now dispose of the captioned 'Writ Petition' ['WP' for

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the sake of brevity].

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Mr.K.Sudhakar, learned counsel on record for writ petitioner is

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before us.

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Page Nos.2/8

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https://www.mhc.tn.gov.in/judis

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W.P.No.33938 of 2024

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Adverting to a representation from the writ petitioner dated

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25.08.2024, learned counsel for writ petitioner submitted that there is alleged encroachment at 'Survey No.24, Block No.226, Kuppannachettiyar Street, Tiruppur' [hereinafter 'said land' for the sake of convenience and clarity] by R5 before us. To be noted, R5 is a private respondent.

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Considering the obtaining position, we are of the view that the

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captioned WP can be disposed of by ordering notice to respondents (R1 to R4) and putting in a safety valve / adequate protection qua alleged encroacher i.e., R5.

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Issue notice to official respondents i.e., R1 to R4.

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Mr.V.Ravi, learned Special Government Pleader accepts notice for

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R1, R3 and R4 and Mr.Abishek Murthy, learned Standing Counsel accepts notice for R2.

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Page Nos.3/8

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https://www.mhc.tn.gov.in/judis

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W.P.No.33938 of 2024

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In the light of what has been alluded to supra and considering the

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limited scope of the captioned WP, with the consent of both sides, main WP was taken up.

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It was submitted by learned Special Government Pleader 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.

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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), Tiruppur District, 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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Page Nos.4/8

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https://www.mhc.tn.gov.in/judis

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W.P.No.33938 of 2024

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This Court directs the jurisdictional Divisional Monitoring

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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 (R5) 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 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.

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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).

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Page Nos.5/8

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https://www.mhc.tn.gov.in/judis

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W.P.No.33938 of 2024

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It is open to the WP petitioner and or anyone concerned with this

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matter to come to this Court on the same issue even with a similar / same

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prayer if there are any change of circumstances.

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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.

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Captioned WP is disposed of with the aforementioned observations and directives in the aforesaid manner. There shall be no order as to costs.

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Index : Yes / No Neutral Citation : Yes / No Speaking order / Non-speaking order

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Page Nos.6/8

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https://www.mhc.tn.gov.in/judis

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W.P.No.33938 of 2024

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The District Collector Tiruppur District Tiruppur.

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The Commissioner Municipality Office Tiruppur District - 1.

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The Thasildar South South Thasildar Office Sevanthampalayam Tiruppur - 6.

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The Land Surveyor Town Survey Inspector South Town Surveyor Office Municipality Office Tiruppur District.

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The Revenue Divisional Officer Tiruppur.

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Page Nos.7/8

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https://www.mhc.tn.gov.in/judis

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W.P.No.33938 of 2024

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M.SUNDAR, J.,

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and K.RAJASEKAR, J.,

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W.P.No.33938 of 2024

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13.11.2024

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Page Nos.8/8

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https://www.mhc.tn.gov.in/judis

Mohammed Ismail v. the District Collector

Case brief

What is this about?

What did the court decide?

Mohammed Ismail v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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