V.R.Ranganathan Vs The District Collector

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents No.1 to 3 to act upon the petitioner's representation dated 20.06.2022 and accordingly, remove the encroachment in the Government Poramboke in common pathway situated in S.F.No.626/5 in Andipalayam Village, Kinathukadavu Taluk at the instance of respondents No.8 to 15 and accordingly, restore the pathway to the petitioner's land to its original status.

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For petitioner Mr. I. Abrar Mohamed Abdullah For RR 1 to 6 Mr. T.K. Saravanan Addl. Govt. Pleader For R7 Mr. S. Santhosh Govt. Advocate (Crl. Side) For RR 8 to 15 Mr. R. Nandhakumar

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

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ORDER

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[made by M. SUNDAR, J.]

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W.P.No.19537 of 2022

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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. I. Abrar Mohamed Abdullah, learned counsel on record for writ petitioner who is before us expresses regret for having missed the matter yesterday (23.06.2025).

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Adverting to a representation dated 20.06.2022 from the writ petitioner, learned counsel for writ petitioner submitted that there is alleged encroachment in 'pathway in Government poramboke in S.F.No.626/5 in Andipalayam Village, Kinathukadavu Taluk' [hereinafter 'said land' for the sake of convenience and clarity] by RR 8 to 15. To be noted, RR 8 to 15 are private respondents.

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Considering the facts and circumstances of the case in 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

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

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W.P.No.19537 of 2022

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encroachment procedure inter alia giving opportunity to alleged encroachers, we are of the view that the captioned WP can be finally disposed of.

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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 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 R2 qua said GO.

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This Court directs the jurisdictional Divisional Monitoring Committee to examine if there is encroachment qua said land.

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W.P.No.19537 of 2022

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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). 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 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 30.09.2025.

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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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W.P.No.19537 of 2022

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Captioned WP is disposed of with the aforementioned

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observations and directives in the aforesaid manner. Consequently, captioned writ miscellaneous petitions stand closed. There shall be no order as to costs.

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(M.S., J.) (H.C., J.) 24.06.2025

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cad Index: Yes/No N.C. : Yes/No

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W.P.No.19537 of 2022

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To