S.Sankar Vs the District Collector

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing respondents 1 to 5 herein to forthwith take appropriate action to remove the encroachments made by Respondents 6 to 9 herein at Kil Street, Karuneegar Street, Yadava Street, Kuyavar Street of Kalasapakkam Village, Tiruvannamalai District by way of construction such as septic tank, shops, shed, cements platform, etc ., by considering the representation of the petitioner dated 20.03.2025.

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For Petitioner : Mr.A.Bharathi

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For Respondents : Mr.T.K.Saravanan Addl. Govt. Pleader for R1 to R4 Ms.E.Ranganayagi Additional Govt. Pleader for R5 R6 to R9 - Notice Dispensed with

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ORDER

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[made by M.SUNDAR, J.]

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This order will now dispose of the captioned 'Writ Petition' ['WP'

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for the sake of brevity].

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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.26897 of 2025

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Mr.A.Bharathi, learned counsel on record for writ petitioner, is before us.

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Adverting to a representation dated 20.03.2025 from the writ petitioner, learned counsel for writ petitioner submitted that there is alleged encroachment in 'S.No.250/36 situate in Kalasapakkam Village, Tiruvannamalai District' [hereinafter 'said land' for the sake of convenience and clarity] by R6 to R9 before us. To be noted, R6 to R9 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 encroachment procedure inter alia giving opportunity to alleged encroachers, we are of the view that the captioned WP can be disposed of by ordering notice to official respondents (R1 to R5) and putting in a safety valve / adequate protection qua alleged encroachers i.e., R6 to R9.

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Issue notice to official respondents, i.e., R1 to R5.

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Page Nos.3/8

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W.P.No.26897 of 2025

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Mr.T.K.Saravanan, learned Additional Government Pleader, accepts notice for R1 to R4 and Ms.E.Ranganayagi, learned Additional Government Pleader accepts notice for R5.

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In the light of what has been alluded to supra and

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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

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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 R3 [Revenue Divisional Officer, Arani Division, Tiruvannamalai District] 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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Page Nos.4/8

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W.P.No.26897 of 2025

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The Divisional Monitoring Committee qua said GO shall (if

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it comes to the conclusion that there is encroachment) report the encroachment to appropriate authorities concerned for further action (for removal of encroachment). In this regard, we are acutely conscious that the matter is being disposed of in Admission Board without 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 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 29.10.2025.

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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

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Page Nos.5/8

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W.P.No.26897 of 2025

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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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