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

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

What the court decided

AI extract

Outcome

No mandamus as prayed; the writ petition was disposed of with directives: the jurisdictional Divisional Monitoring Committee (headed by the Revenue Divisional Officer, Vellore) under G.O.(Ms)No.64 dated 08.02.2022 to examine the alleged encroachment qua the said lands and, if encroachment is found, report to appropriate authorities for removal, completing the exercise within 14 weeks i.e., by 14.10.2025; rights and contentions of alleged encroachers preserved; exercise confined to public land (patta land excluded); liberty to renew upon change of circumstances; no order as to costs.

Issue for consideration

Whether there are encroachments by respondents 8 to 11 (private respondents) in S.Nos.313/313-63 and 313/313-66, Survey Nos.318 C to 318 E, Survey Nos.508 and 509 and the Vandranthangal KASAKKALVAI and vandranthangal PERIYA ERI KALVAI ('said lands'), Vandranthangal Village, Katpadi, Vellore District, warranting a mandamus to respondents 1 to 4 and 6 to 7 to take action to evict the encroachments. +1 more

Court's answer

In view of G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022 (removal-of-encroachment procedure giving opportunity to alleged encroachers), the Court deemed it appropriate to refer the matter to the Divisional Monitoring Committee headed by the Revenue Divisional Officer, Vellore.

Ratio / Principle

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

Key takeaways

If the Divisional Monitoring Committee concludes that there is encroachment, it shall report the encroachment to the appropriate authorities concerned for further action (for removal of encroachment).ratio¶57
All rights and contentions of the alleged encroachers (R8 to R11) are preserved, to be raised before the Committee and considered on their own merits and in accordance with law, untrammelled by the proceedings in this Court.ratio¶57

Detailed headnote1 paragraphs

Madras High Court (order authored by M. Sundar J., bench with Hemant Chandangoudar J.) disposed of W.P.No.28303 of 2024 (I. Malarkodi v. District Collector, Vellore & others), filed under Article 226 of the Constitution seeking a writ of mandamus to direct official respondents to evict alleged encroachments by private respondents 8 to 11 in S.Nos.313/313-63, 313/313-66, 318C to 318E, 508 and 509 and the Vandranthangal Kasakkalvai and Periya Eri Kalvai at Vandranthangal Village, Katpadi, Vellore District, founded on representations dated 02.05.2024 and 30.05.2024 and earlier records (1991 BDO letter, 2014 RTI reply, 2002 inspection report). Adverting to G.O.(Ms)No.64, Revenue and Disaster Management Department (Land Disposal Wing) dated 08.02.2022, which puts in place a removal-of-encroachment procedure giving opportunity to alleged encroachers and, as pointed out by State counsel, constitutes Divisional Monitoring Committee, District Monitoring Committee and State Steering Committee for single-point monitoring of Government lands, the Court referred the matter to the Divisional Monitoring Committee headed by the Revenue Divisional Officer, Vellore, directing it to examine whether encroachment exists and, if so, to report to the appropriate authorities for removal, completing the exercise within 14 weeks i.e., by 14.10.2025. The rights and contentions of the alleged encroachers were preserved to be considered on merits untrammelled by the writ proceedings. The Court expressed no view on the existence of encroachment, confined the exercise to public land and expressly excluded patta land, and reserved liberty to renew the challenge upon change of circumstances. No order as to costs.

W.P.No.28303 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.28303 of 2024

I.Malarkodi

... Petitioner

Vs.

1.The District Collector, Vellore District

Vellore - 632 009

The Tahsildar Katpadi Taluk

Vellore - 632 007

The Executive Engineer Public Works Department, WRO Gandhinagar, Vellore - 632 006

The Block Development Officer Katpadi

Vellore - 632 007

The Deputy Block Development Officer Katpadi - 632 007

The President

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W.P.No.28303 of 2024

Vandranthangal Village Panchayat Vadranthangal, Kadpadi - 632 059

The Secretary Vandranthangal Village Panchayat Vadranthangal, Kadpadi - 632 059

8.Kamala

9.A.Rajendran

R.Dharman

11.Prema

... Respondents

Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the Respondents 1 to 4 and 6 to 7 to take appropriate and necessary mandated action to evict the encroachments in accordance with law against the deliberate and wanton encroachments mentioned herein in survey Nos.313/ 313- 63 and 313/ 31366, survey Nos. 318 C to 318 E, Survey Nos.508 and 509 as well as the entire Vandranthangal KASAKKALVAI and vandranthangal PERIYA ERI KALVAI based on the petitioners brother's last REPRESENTATIONS dated 02.05.2024 and 30.05.2024; the Letter Mu.Mu. 5802 /91 dated 23.12.1991 to the then Thasildar from the 4th Respondent, the RTI Information from the 6th and the 7th Respondents through their Letter dated 04.12.2014 as well as the Inspection Report of the proceedings in R.C. No.B3 / 1938/ 2002 dated 14.06.2002 of the 2nd Respondent within a

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W.P.No.28303 of 2024

time frame to be fixed by this Honble court.

For Petitioner : Ms.V.Porkodi For Respondents : Mr.T.K.Saravanan Additional Government Pleader for R1 to 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].

Ms.V.Porkodi, learned counsel on record for writ petitioner and

Mr.T.K.Saravanan, learned Additional Government Pleader for R1 to R6 are

before us.

Adverting to representations dated 02.05.2024 and 30.05.2024

from the writ petitioner's brother, learned counsel for writ petitioner submitted that there is alleged encroachment in 'S.Nos.313/ 313- 63 and

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W.P.No.28303 of 2024

313/ 313- 66, Survey Nos. 318 C to 318 E, Survey Nos.508 and 509 as well as the entire Vandranthangal KASAKKALVAI and vandranthangal PERIYA ERI KALVAI, Vandranthangal Village, Katpadi, Vellore District' [hereinafter 'said lands' for the sake of convenience and clarity] by R8 to R11. To be noted, R8 and R11 are private respondents.

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 putting in a safety valve / adequate protection qua alleged encroachers i.e., R8 to R11.

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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W.P.No.28303 of 2024

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, Vellore qua said GO.

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 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 14.10.2025.

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W.P.No.28303 of 2024

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 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.

11. Captioned WP is disposed of with the aforementioned

observations and directives in the aforesaid manner. There shall be no order as to costs.

(M.S.,J.) (H.C.J.) 08.07.2025

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

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W.P.No.28303 of 2024

To

1.The District Collector, Vellore District

Vellore - 632 009

The Tahsildar Katpadi Taluk Vellore - 632 007

The Executive Engineer Public Works Department, WRO Gandhinagar, Vellore - 632 006

The Block Development Officer Katpadi

Vellore - 632 007

The Deputy Block Development Officer Katpadi - 632 007

The President Vandranthangal Village Panchayat Vadranthangal, Kadpadi - 632 059

The Secretary Vandranthangal Village Panchayat Vadranthangal, Kadpadi - 632 059

The Revenue Divisional Officer Vellore

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W.P.No.28303 of 2024

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

gpa

W.P.No.28303 of 2024

08.07.2025

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