Disposed

S.G.Madheswaran v. the District Collector

Madras HC26 Nov 2024WP/34503/2024

Case brief

AI extract

What is this about?

Writ petition alleging encroachment on a public road in Michaelpalayam Panchayam, Erode District by private respondents. The Court referred the matter to the Divisional Monitoring Committee under G.O.(Ms)No.64 to examine the encroachment claim after hearing all parties, without expressing any opinion on merits.

What did the court decide?

Matter referred to Divisional Monitoring Committee (RDO, Gobichettipalayam) to examine alleged encroachment with opportunity to affected parties; no costs.

S.G.Madheswaran Vs the District Collector — Municipal and Town Planning | Madras HC (2024)

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W.P.No.34503 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 26.11.2024

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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.34503 of 2024

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S.G.Madheswaran S/o.Gurusamy

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... Petitioner

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Vs.

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The District Collector First Floor, Collectorate Erode - 638 011.

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The Tahsildar Taluk Office, Andhiyur Erode District - 638 501.

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The Block Development Officer Taluk Office, Andhiyur Erode District - 638 501.

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The President Michaelpalayam Panchayat Andhiyur Block, Erode District - 638 501.

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Jeeva S/o.Sekar

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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.34503 of 2024

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Nagammal

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Papapithi W/o.Karuppaswamy

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Kavitha W/o.Palaniswamy

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Baby W/o.Pugazhendiran

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Saroja W/o.Kariyacholgan ... 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 respondents to remove the encroachment made in the public road situate at Michaelpalayam Panchayat, Samathuvapuram Colony Road, Andhiyur Village leading to the Vellavan Nagar.

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For Petitioner : Mr.N.Shanmuga Thayumanavan For Respondents : Mr.T.K.Saravanan Government Advocate for R1 & R2 Mr.Stalin Abhimanyu Additional Government Pleader for R3 and R4

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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.34503 of 2024

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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 the sake of brevity].

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Mr.N.Shanmuga Thayumanavan, learned counsel on record for writ petitioner is before us.

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Adverting to a representation from the writ petitioner dated 21.12.2023, learned counsel for writ petitioner submitted that there is alleged encroachment at 'Vellavan Nagar, Michaelpalayam Panchayat, Anthiyur Village, Erode District comprised in R.S.No.895/3' [hereinafter 'said land' for the sake of convenience and clarity] by R5 to R10 before us. To be noted, R5 to R10 are private respondents.

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Considering the obtaining position, we are of the view that the captioned WP can be disposed of by ordering notice to respondents (R1 to R4) and putting in a safety valve / adequate protection qua alleged encroachers i.e., R5 to R10.

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

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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.34503 of 2024

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Mr.T.K.Saravanan, learned Government Advocate accepts notice

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for R1 & R2 and Mr.Stalin Abhimanyu, learned Additional Government Pleader accepts notice for R3 and R4.

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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 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.

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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), Gobichettipalayam, 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.34503 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 encroachers (R5 to R10) 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 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 encroachers).

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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.34503 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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