Disposed

J.Easwari v. The District Collector

Madras HC10 Dec 2024WP/9273/2021

Case brief

AI extract

What is this about?

Petitioner filed a writ petition under Article 226 seeking direction to remove encroachment on public land by private respondents. The court directed the Divisional Monitoring Committee constituted under G.O.(Ms)No.64 to investigate the issue and decide after affording opportunities to the alleged encroachers, excluding patta land.

What did the court decide?

Petitioner's writ petition was disposed of by directing the Divisional Monitoring Committee to examine the alleged encroachment and report further.

J.Easwari Vs The District Collector — Writ and Judicial Review | Madras HC (2024)

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W.P.No.9273 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 10.12.2024

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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.9273 of 2021

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J.Easwari W/o.Jagadeesan

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... Petitioner

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Vs.

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The District Collector Office of the District Collector Nallapalayam Post Namakkal.

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The Revenue Divisional Officer Office of the Revenue Divisional Office Mohanur Road Namakkal.

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The Tahsildar Rasipuram Circle Rasipuram Taluk Namakkal District.

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The Assistant Director Town Panchayat Office of the District Collector Salem.

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Page Nos.1/7

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

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W.P.No.9273 of 2021

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The Executive Officer Athanur Town Panchayat Rasipuram Taluk Namakkal District.

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M.Dhanasekaran S/o.Muthu

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K.Kumarasamy S/o.Late Kandasamy ... Respondents

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R7 impleaded vide order dated 29.04.2024 in W.M.P.No.26808 of 2022 in W.P.No.9273 of 2021

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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 1 to 3 to initiate appropriate action to remove the encroachment made by the 6th respondent in the street, located at S.No.36, Athanur Village, Rasipuram

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Taluk, Namakkal District.

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For Petitioner : Mr.E.P.Senniyangiri For Respondents : Mr.M.S.Arasakumar Government Advocate for R1 to R5 Mr.R.P.Muthusamy, for R7

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Page Nos.2/7

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

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W.P.No.9273 of 2021

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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.E.P.Senniyangiri, learned counsel on record for writ petitioner is

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before us.

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Learned counsel for writ petitioner submitted that there is alleged encroachment in a 'street, located at S.No.36, Athanur Village, Rasipuram Taluk, Namakkal District' [hereinafter 'said land' for the sake of convenience and clarity] by R6 and R7 before us. To be noted, R6 and R7 are private respondents.

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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, 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 Page Nos.3/7

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

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W.P.No.9273 of 2021

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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), Namakkal 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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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 encroachers (R6 and R7) before taking a call. 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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Page Nos.4/7

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

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W.P.No.9273 of 2021

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The Divisional Monitoring Committee qua G.O.(Ms)No.64,

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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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It is open to the WP 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 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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Page Nos.5/7

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

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W.P.No.9273 of 2021

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Captioned WP is disposed of with the aforementioned

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observations and directives in the aforesaid manner. There shall be no order

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as to costs.

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

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The District Collector Office of the District Collector Nallapalayam Post, Namakkal.

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The Revenue Divisional Officer Office of the Revenue Divisional Office Mohanur Road, Namakkal.

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The Tahsildar Rasipuram Circle Rasipuram Taluk, Namakkal District.

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The Assistant Director Town Panchayat Office of the District Collector Salem.

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The Executive Officer Athanur Town Panchayat Rasipuram Taluk Namakkal District.

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The Revenue Divisional Officer Namakkal District.

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Page Nos.6/7

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

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W.P.No.9273 of 2021

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M.SUNDAR, J.,

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and K.RAJASEKAR, J.,

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W.P.No.9273 of 2021

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10.12.2024

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Page Nos.7/7

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

J.Easwari v. The District Collector

Case brief

What is this about?

What did the court decide?

J.Easwari v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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