T.Thavamurugan Vs the District Collector

Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents 4 and 5 over the panchayat street, comprised in survey field number 608/1 in Pavaikulam Village within the jurisdiction of respondents 1 to 3 after taking measurement and to further maintain it as street free from obstruction of intruders including the respondents 4 and 5.

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For Petitioner : Ms.S.Janani

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For Respondents : Mr.M.S.Arasa Kumar Government Advocate for R1 to R3

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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.S.Janani, learned counsel on record for writ petitioner is before

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us.

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Adverting to legal notice dated 23.04.2024, learned counsel for

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writ petitioner submitted that there is alleged encroachment in 'Survey Field Number 608/1, Pavaikulam Village, Panruti Taluk, Cuddalore District'

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Page Nos.2/8

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

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W.P.No.2477 of 2025

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[hereinafter 'said land' for the sake of convenience and clarity] by R4 and R5 before us. To be noted, R4 and R5 are private respondents.

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Considering the obtaining position, we are of the view that the

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captioned WP can be disposed of by ordering notice to respondents (R1 to

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R3) and putting in a safety valve / adequate protection qua alleged encroacher i.e., R4 and R5.

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Issue notice to official respondents i.e., R1 to R3.

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Mr.M.S.Arasa Kumar, learned Government Advocate, accepts

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notice for R1 to R3.

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In the light of what has been alluded to supra and considering the

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limited scope of the captioned WP, with the consent of both sides, main WP was taken up.

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Page Nos.3/8

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W.P.No.2477 of 2025

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It was submitted by learned Government Advocate that

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G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022 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 the Revenue Divisional Officer, Cuddalore, qua G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022.

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This Court directs the jurisdictional Divisional Monitoring Committee to examine if there is encroachment qua said land. The Divisional Monitoring Committee shall also ensure that adequate and ample opportunity is given to persons concerned more particularly alleged encroachers (R4 and R5) before taking a call. In this regard, we are acutely conscious that the matter is being disposed of in Admission Board without

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Page Nos.4/8

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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 its own merits and in accordance with law untrammelled by this proceedings in this Court.

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The Divisional Monitoring Committee qua G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022, shall (if it comes to the conclusion that there is encroachment) report the encroachment for further action (for removal of encroachment which again shall be after giving adequate and ample opportunity to alleged encroachers). The entire exercise shall be completed within a period of twelve weeks from today i.e., by 23.04.2025.

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It is open to the WP 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 are any change of circumstances.

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Page Nos.5/8

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We make it clear that we have not expressed any view or opinion

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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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