S.Nanda Kumar Vs The District Collector

For Petitioner : Ms.P.D.Theyzovathi For Respondents : Mr.T.K.Saravanan Additional Government Pleader for R1 Mr.M.Kirubakaran, for R2 Mr.Jeny V.V.Sundar, Standing Counsel, for R3

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W.P.No.23283 of 2021

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O R D E R

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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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Ms.P.D.Theyzovathi, learned counsel for writ petitioner, who is before this Court expresses regret for missing the matter in the previous listing.

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Learned counsel abridges the prayer for removal of encroachment qua representation dated 13.08.2021. As regards other limbs of the prayer, rights and contentions of writ petitioner are preserved for resuscitating the prayers depending on the outcome before the Divisional Monitoring Committee.

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Mr.T.K.Saravanan, learned Additional Government Pleader for R1, Mr.M.Kirubakaran, learned counsel for R2 and Mr.Jeny V.V.Sundar, learned Standing Counsel for R3 are before us.

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Adverting to a representation dated 13.08.2021, from the writ petitioner, learned counsel for writ petitioner submitted that there is alleged encroachment in 'Nehruji Nagar, Arakkonam' [hereinafter 'said land' for the

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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 encroacher/s, we are of the view that the captioned WP can be disposed of by putting in a safety valve / adequate protection qua encroacher/s.

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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 Revenue Divisional Officer, Arakkonam, Ranipet District qua said GO.

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This Court directs the jurisdictional Divisional Monitoring

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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). To be noted, all the rights and contentions of 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 17.09.2025.

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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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