Disposed

V.Chandran v. the District Collector

Madras HC18 Dec 2024WP/37773/2024

Case brief

AI extract

What is this about?

Petitioner sought mandamus to officials to consider removing an alleged private encroachment on a rock in Survey No.189, Deveerahalli Village. Court referred the matter to the Divisional Monitoring Committee constituted under G.O.(Ms)No.64 dated 08.02.2022, preserving the alleged encroacher's rights and expressing no opinion on encroachment.

What did the court decide?

Matter referred to Divisional Monitoring Committee to examine encroachment with opportunity to alleged encroacher; no costs.

V.Chandran Vs the District Collector — Property and Title | Madras HC (2024)

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W.P.No.37773 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 18.12.2024

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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.37773 of 2024

V.Chandran

S/o.Vedi Goundar

... Petitioner

Vs.

The District Collector District Collectorate Office Krishnagiri District.

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The Tahsildar Pochampalli Taluk Krishnagiri District.

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Kumaravel ... 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 1st and 2nd respondents to consider the petitioner's representation dated 27.09.2024 to remove the illegal encroachment made by the 3rd respondent in the Rock situate at Deveerahalli Village in Survey No.189.

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Page Nos.1/6

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

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W.P.No.37773 of 2024

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For Petitioner : Mr.A.Kumar For Respondents : Mr.T.K.Saravanan Government Advocate for R1 & 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 the sake of brevity].

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Mr.A.Kumar, learned counsel on record for writ petitioner is before

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us.

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Adverting to a representation from the writ petitioner dated 27.09.2024, learned counsel for writ petitioner submitted that there is alleged encroachment in 'Rock situate at Deveerahalli Village in Survey No.189' [hereinafter 'said land' for the sake of convenience and clarity] by R3 before us. To be noted, R3 is a private respondent.

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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 & R2) and putting in a safety valve / adequate protection qua alleged

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Page Nos.2/6

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

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W.P.No.37773 of 2024

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encroacher i.e., R3.

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Issue notice to official respondents i.e., R1 & R2.

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

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for R1 & R2.

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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), Krishnagiri 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.3/6

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

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W.P.No.37773 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 (R3) 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.4/6

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

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W.P.No.37773 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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(M.S.,J.) (K.R.S.,J.) 18.12.2024

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

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Page Nos.5/6

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

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W.P.No.37773 of 2024

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M.SUNDAR, J., and

K.RAJASEKAR, J.,

The District Collector District Collectorate Office Krishnagiri District.

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The Tahsildar Pochampalli Taluk Krishnagiri District.

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The Revenue Divisional Officer Krishnagiri District.

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W.P.No.37773 of 2024

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18.12.2024

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Page Nos.6/6

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

V.Chandran v. the District Collector

Case brief

What is this about?

What did the court decide?

V.Chandran v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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