D.Devendran Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

D.Devendran Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with observations and directives instead of the mandamus sought: the matter is referred to the Divisional Monitoring Committee headed by the Revenue Divisional Officer, Thiruvallur under G.O.(Ms)No.64 dated 08.02.2022, which is to examine whether encroachment exists on the said Government poramboku land (Survey No.255, 0.18.0 Hectares, Vanagaram Village) and, if so, report it to appropriate authorities for removal; the entire exercise is to be completed within 14 weeks, i.e., by 14.10.2025; the alleged encroacher's (R6) rights and contentions are preserved; the exercise is confined to public land and excludes patta land; liberty is reserved to the petitioner to return to Court on any change of circumstances; connected W.M.P.No.23265 of 2024 closed; no costs.

Issue for consideration

Whether Respondents 1 to 3 should be directed by way of a Writ of Mandamus to protect the Government poramboku land comprised in Survey No.255, measuring 0.18.0 Hectares, in Vanagaram Village, Poonamallee Taluk, Thiruvallur District, from alleged encroachment by R6. +1 more

Court's answer

The jurisdictional Divisional Monitoring Committee is directed to examine whether there is encroachment qua the said land.

Ratio / Principle

The captioned writ petition is disposed of by referring the matter to the Divisional Monitoring Committee headed by the Revenue Divisional Officer, Thiruvallur, constituted under the said GO, rather than by adjudicating the encroachment question itself.

Key takeaways

If the Committee concludes that there is encroachment, it shall report the encroachment to the appropriate authorities concerned for further action (removal of encroachment); all rights and contentions of the alleged encroacher (R6) are preserved to be raised before the Committee, which shall consider them on their own merits and in accordance with law untrammelled by this Court's proceedings.ratio¶46
The entire exercise by the Divisional Monitoring Committee shall be completed within 14 weeks from the date of the order, i.e., by 14.10.2025.ratio¶46
The Court expressly refrains from expressing any view or opinion on whether encroachment exists qua the said land, leaving that factual call entirely to the Divisional Monitoring Committee.

Detailed headnote1 paragraphs

Madras High Court (order by M. Sundar, J.; bench incl. Hemant Chandangoudar, J.), 08.07.2025, disposes of W.P.No.21309 of 2024 filed under Article 226 of the Constitution seeking a Writ of Mandamus to Respondents 1 to 3 to protect Government poramboku land in Survey No.255, measuring 0.18.0 Hectares, Vanagaram Village, Poonamallee Taluk, Thiruvallur District, from alleged encroachment by private respondent R6 (D. Arumugam, Director, M/s. Malainur Properties). Adverting to a representation dated 25.06.2024 from the petitioner and other villagers, and noting that G.O.(Ms)No.64, Revenue and Disaster Management Department (Land Disposal Wing), dated 08.02.2022, puts in place an encroachment-removal procedure with opportunity to the alleged encroacher through a Divisional Monitoring Committee, District Monitoring Committee and State Steering Committee, the Court refers the matter to the Divisional Monitoring Committee headed by the Revenue Divisional Officer, Thiruvallur. The Committee is directed to examine whether encroachment exists and, if it so concludes, report it to appropriate authorities for removal, completing the exercise within 14 weeks (by 14.10.2025), while the alleged encroacher's rights and contentions stand preserved to be considered on merits and in accordance with law. The Court expressly expresses no view on whether encroachment exists, confines the exercise to public land (excluding patta land), reserves liberty to the petitioner to revisit the Court upon change of circumstances, closes the connected W.M.P., and makes no order as to costs.

W.P.No.21309 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2025

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR

W.P.No.21309 of 2024

&

W.M.P.No.23265 of 2024

Mr.D.Devendran

... Petitioner

Vs.

1.The District Collector, Tiruvallur District Tiruvallur - 602 001

The District Revenue Officer Tiruvallur District Tiruvallur - 602 001

The Revenue Divisional Officer Tiruvallur District Tiruvallur

The Tahsildar Poonamallee Taluk Tiruvallur District

The Joint Commissioner Hindu Religious and Chartiable Endowments Department

Page Nos.1/8

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

W.P.No.21309 of 2024

Nungambakkam Chennai - 602 001

Mr.D.Arumugam Director M/s.Malainur Properties No.79, Palaru Street Palaniyappa Nagar Valasaravakkam Chennai - 600 087

The Commissioner Hindu Religious and Cultural Endowments Department Government of Tamilnadu No.119, Uthamar Gandhi Salai Previously Nungambakkam High Road Chennai - 600 034 ... Respondents (R7 Suo motu impleaded as per order dated 01.08.2024)

Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing Respondents 1 to 3 to protect the Government poramboku land comprised in Survey No.255, measuring an extent of 0.18.0 Hectares, in Vanagaram Village, Poonamallee Taluk, Thiruvallur District from encroachment.

For Petitioner : Mr.A.E.Ravi Chandran For Respondents : Mr.T.K.Saravanan Additional Government Pleader for R1 to R4

Page Nos.2/8

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

W.P.No.21309 of 2024

Mr.N.R.R.Arun Natarajan Special Government Pleader for R5 and R7

Mr.S.Sadasharam for R6

ORDER

[Order of the Court was made by M.SUNDAR, J. ,]

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

Mr.A.E.Ravi Chandran, learned counsel on record for writ petitioner, Mr.T.K.Saravanan, learned Additional Government Pleader for R1 to R4, Mr.N.R.R.Arun Natarajan, learned Special Government Pleader for R5 and R7 and Mr.S.Sadasharam, learned counsel for R6 are before this Court.

Adverting to representation dated 25.06.2024 from the writ petitioner and the other villagers, learned counsel for writ petitioner submitted that there is alleged encroachment in 'Government poramboku land admeasuring an extent of 0.18.0 Hectares in Survey No.255, in

Page Nos.3/8

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

W.P.No.21309 of 2024

Vanagaram Village, Poonamallee Taluk, Thiruvallur District from encroachment' [hereinafter 'said land' for the sake of convenience and clarity] by R6. To be noted, R6 is private respondent.

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 encroachment procedure inter-alia giving opportunity to alleged encroacher, we are of the view that the captioned WP can be disposed of by putting in a safety valve / adequate protection qua alleged encroacher i.e., R6.

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.

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, Thiruvallur qua said GO.

Page Nos.4/8

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

W.P.No.21309 of 2024

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

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 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. The entire exercise shall be completed within a period of 14 weeks from today i.e., by 14.10.2025.

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.

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

Page Nos.5/8

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

W.P.No.21309 of 2024

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.

Captioned WP is disposed of with the aforementioned observations and directives in the aforesaid manner. Consequently, the connected writ miscellaneous petition is disposed of as closed. There shall be no order as to costs.

Index : Yes / No Neutral Citation : Yes / No gpa

Page Nos.6/8

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

W.P.No.21309 of 2024

To

1.The District Collector, Tiruvallur District Tiruvallur - 602 001

The District Revenue Officer Tiruvallur District Tiruvallur - 602 001

The Revenue Divisional Officer Tiruvallur District Tiruvallur

The Tahsildar Poonamallee Taluk Tiruvallur District

The Joint Commissioner Hindu Religious and Chartiable Endowments Department Nungambakkam Chennai - 602 001

The Commissioner

Hindu Religious and Cultural Endowments Department Government of Tamilnadu No.119, Uthamar Gandhi Salai Previously Nungambakkam High Road Chennai - 600 034

Page Nos.7/8

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

W.P.No.21309 of 2024

M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J.,

gpa

W.P.No.21309 of 2024

08.07.2025

Page Nos.8/8

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