D.Mathiyalagan Vs the District Collector

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 3 to remove the encroachments made by the fourth respondent in the Government cart track (Vandi Paathai) poramboke land classified as

¶16

Page Nos.1/8

¶17

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

¶18

W.P. No.14478 of 2025

¶19

public road comprised in Survey No.31/1, Lakshmi Narayanapuram Village, Padalam via Madurantakam Taluk, Chengalpattu District, by considering the petitioner's representation dated 26.03.2025 within a time frame.

¶20

For petitioner Mr. Perumbulavil Radhakrishnan for Mr. M Dharani Dharan For RR 1 to 3 Mr. T.K. Saravanan Addl. Govt. Pleader

¶21

ORDER

¶22

[made by M. SUNDAR, J.]

¶23

This order will now dispose of the captioned 'writ petition' ['WP' for the sake of brevity].

¶24

Mr. Perumbulavil Radhakrishnan, learned counsel representing Mr. M. Dharani Dharan, learned counsel on record for writ petitioner, is before us.

¶25

Adverting to a representation dated 26.03.2025, learned

¶26

counsel for writ petitioner submitted that there is alleged encroachment in 'Survey No.31/1, Lakshmi Narayanapuram Village, Padalam via , Madurantakam Taluk, Chengalpattu District' [hereinafter 'said land' for the sake of convenience and clarity] by R4 before us. To be noted, R4 is a private respondent.

¶27

Page Nos.2/8

¶28

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

¶29

W.P. No.14478 of 2025

¶30

Considering the obtaining position, we are of the view that

¶31

the captioned WP can be disposed of by ordering notice to official respondents (RR 1 - 3) and putting in a safety valve / adequate protection qua alleged encroacher i.e., R4.

¶32

Issue notice to official respondents, i.e., RR 1 to 3.

¶33

Mr. T.K. Saravanan, learned Additional Government

¶34

Pleader, accepts notice for RR 1 to 3.

¶35

In the light of what has been alluded to supra and

¶36

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

¶37

It was submitted by learned Additional 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.

¶38

Page Nos.3/8

¶39

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

¶40

W.P. No.14478 of 2025

¶41

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

¶42

appropriate to refer the matter to the Divisional Monitoring Committee headed by the Revenue Divisional Officer, Madurantakam qua G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing dated 08.02.2022.

¶43

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 (R4) 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.

¶44

Page Nos.4/8

¶45

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

¶46

W.P. No.14478 of 2025

¶47

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). The entire exercise shall be completed within a period of 12 weeks from today i.e., by 17.07.2025.

¶48

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.

¶49

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.

¶50

Page Nos.5/8

¶51

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

¶52

W.P. No.14478 of 2025

¶53