Dinesh N.Surana Vs The Principal commissioner and commissioner

Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 4 to initiate action against the 5th respondent based on the representation made by the petitioner dated 18.08.2021.

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For Petitioner : Mr.A.Sharma for Mr.T.Thiyagarajan For Respondents : Mr.K.Suresh Govt. Advocate for R1 to R3

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Mr.T.K.Saravanan Additional Govt. Pleader for R4

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Mr.S.Mukunth Senior counsel for Mr.A.Shabeer Ali of M/s.Sarvabhauman Associates

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ORDER

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

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W.P.No.23032 of 2021

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Mr.A.Sharma, learned counsel representing the counsel on record for writ petitioner, Mr.K.Suresh, learned Government Advocate for R1 to R3, Mr.T.K.Saravanan, learned Additional Government Pleader for R4 and Mr.S.Mukunth, learned Senior counsel appearing on behalf of Mr.A.Shabeer Ali of M/s.Sarvabhauman Associates (Law Firm) are before us.

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Adverting to representation dated 18.08.2021 from the writ petitioner, learned counsel for writ petitioner submitted that there is alleged encroachment in 'Mandaveli Poramboke land in Survey Nos.174/2 and 192, Marakkanam North Village, Marakkanam Taluk, Villupuram District' by R5 before us. To be noted, R5 is private respondent.

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It is to be noted that the prayer portion in the captioned main WP does not refer to survey number in which encroachment has allegedly been made. However, in the prayer portion in injunction petition, there is a reference to S.No.192 of Marakkanam North Village, Marakkanam Taluk, Villupuram District but, in the first paragraph of the representation dated

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

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W.P.No.23032 of 2021

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18.08.2021 addressed by the petitioner to the authorities concerned seeking removal of encroachment, there is a reference to Survey No.174/2 as well. Hence, instead of hinging on technicalities, this Court proceeds to consider that alleged encroachments are in 'S.Nos.174/2 and 192 of Marakkanam North Village, Marakkanam Taluk, Villupuram District' [hereinafter 'said lands' for the sake of convenience and clarity].

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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 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., R5.

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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

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W.P.No.23032 of 2021

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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 SubCollector, Tindivanam 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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The Divisional Monitoring Committee qua said GO shall (if it

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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

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i.e., by 10.10.2025.

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W.P.No.23032 of 2021

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It is open to the writ petitioner and / or anyone concerned with

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this matter to come to this Court on the same issue even with a similar /

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

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(M.S.,J.) (H.C.J.) 04.07.2025 Index : Yes / No Neutral Citation : Yes / No gpa

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W.P.No.23032 of 2021

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To

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