Disposed

R.Veluchamy v. the District Collector

Madras HC19 Dec 2024WP/38157/2024

Case brief

AI extract

What is this about?

Writ petition alleging encroachment on government land by a private respondent. Court referred the matter to the Divisional Monitoring Committee under G.O.(Ms)No.64 to examine the encroachment claim after hearing all concerned, preserving rights of the alleged encroacher, and declined to express any opinion.

What the court decided

AI extract

R.Veluchamy Vs the District Collector — Property and Title | Madras HC (2024)

¶1

W.P.No.38157 of 2024

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 19.12.2024

¶4

CORAM

¶5

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

¶6

W.P.No.38157 of 2024

¶7

R. Veluchamy Petitioner

¶8

vs.

¶9

The District Collector Ariyalur District, Ariyalur

¶10

The Revenue Divisional Officer Ariyalur

¶11

The Tahsildar Ariyalur Taluk Ariyalur District

¶12

Kolanji @ Annadurai Respondents

¶13

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the first respondent to remove the encroachments made in Survey Nos.408/1 and 779/1 at Govindhapuram Village, Ariyalur Taluk and District, i.e., on the western

¶14

side of the water canal and on the two side of the cement road eastern side of the Thittakudi Salai.

¶15

For petitioner Mr. S. Selvaraj For RR 1- 3 Mr. T.K. Saravanan Government Advocate

¶16

Page Nos.1/8

¶17

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

¶18

W.P.No.38157 of 2024

¶19

O R D E R

¶20

[made by M.SUNDAR, J. ] This order will now dispose of the captioned 'Writ Petition' ['WP' for the sake of brevity].

¶21

Mr. S. Selvaraj, learned counsel on record for writ petitioner is before us.

¶22

Adverting to a representation dated 01.10.2024 from the writ petitioner, learned counsel for writ petitioner submitted that there is alleged encroachment in Survey Nos.408/1 and 779/1 at Govindhapuram Village, Ariyalur Taluk and District, i.e., on the western side of the water canal and on the two sides of the cement road eastern side of Thittakudi Salai [hereinafter 'said land' for the sake of convenience and clarity] by respondent no.4 before us. To be noted, respondent no. 4 is a private respondent.

¶23

Considering the obtaining position, we are of the view that the captioned WP can be disposed of by ordering notice to official respondents (respondents 1 to 3) and putting in a safety valve / adequate protection qua alleged encroacher i.e., respondent no. 4.

¶24

Page Nos.2/8

¶25

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

¶26

W.P.No.38157 of 2024

¶27

Issue notice to official respondents, i.e., respondents 1 to

¶28

¶29

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

¶30

notice for respondents 1 to 3.

¶31

In the light of what has been alluded to supra and considering the limited scope of the captioned WP, with the consent of both sides, WP was taken up.

¶32

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.

¶33

In the light of the narrative thus far, we deem it

¶34

Page Nos.3/8

¶35

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

¶36

W.P.No.38157 of 2024

¶37

appropriate to refer the matter to the Divisional Monitoring Committee headed by Revenue Divisional Officer (RDO), Ariyalur Division, Ariyalur-621 704, in the light of G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022.

¶38

This Court directs the jurisdictional Divisional Monitoring 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 (respondent no.4) 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 their own merits and in accordance with law untrammelled by this proceedings in this Court.

¶39

Page Nos.4/8

¶40

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

¶41

W.P.No.38157 of 2024

¶42

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).

¶43

It is open to the writ petitioner and or anyone concerned with this matter to come to this Court on the same issue even with a similar / same prayer if there is any change of circumstances.

¶44

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.

¶45

Page Nos.5/8

¶46

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

¶47

W.P.No.38157 of 2024

¶48