D.Yamuna Vs the Revenue Divisionalofficer

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 and 2 to remove the encroachments over the public pathway existing at S.F.No.130/10 and 129/14 of Varadhanallur Village, Bhavani Taluk,

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Erode District by the respondents 3 and 4 and others by considering the petitioner's representation dated 21.06.2024 and 28.01.2025

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Page Nos.1/6

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within a time frame.

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For petitioner Mr. A. Prithviraj

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For RR 1 & 2 Mr. K. Suresh Government Advocate

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ORDER

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[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. Prithviraj, learned counsel on record for writ petitioner, is before us.

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Adverting to a representation dated 21.06.2024 from the writ petitioner, learned counsel for writ petitioner submitted that there is alleged encroachment in the 'public pathway at S.F.Nos.130/10 and 129/14 of Varadhanallur Village, Bhavani Taluk, Erode District' [hereinafter 'said land' for the sake of convenience and clarity] by RR 3 and 4 and others. To be noted, RR 3 and 4 are private respondents.

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Considering the facts and circumstances of the case in

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Page Nos.2/6

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juxtaposition with G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022 {hereinafter 'said GO' for the sake of convenience} which puts in place a removal of encroachment procedure inter alia giving opportunity to alleged encroachers, we are of the view that the captioned WP can be disposed of by ordering notice to official respondents (RR 1 and 2) and putting in a safety valve / adequate protection qua alleged encroachers i.e., RR 3 and 4.

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Issue notice to official respondents, i.e., RR 1 and 2.

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Mr. K. Suresh, learned Government Advocate, accepts notice for RR 1 and 2.

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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, captioned WP was taken up.

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It was submitted by learned State counsel that said GO has been put in place, wherein and whereby Divisional Monitoring

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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 R1 qua said GO.

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We direct the jurisdictional Divisional Monitoring Committee to examine if there is encroachment qua said land.

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The Divisional Monitoring Committee qua said GO shall (if it comes to the conclusion that there is encroachment), report the encroachment to appropriate authorities concerned for further action (for removal of encroachment). 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 their own merits and in

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accordance with law untrammelled by this proceedings in this Court. The entire exercise shall be completed within a period of 14 weeks from today i.e., by 12.09.2025.

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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.

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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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