Rajagopal Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

Rajagopal Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition (mandamus sought for removal of alleged encroachments by the second respondent) disposed of by referring the matter to the Divisional Monitoring Committee headed by the second respondent under G.O.(Ms)No.64 dated 08.02.2022: the Committee to examine whether encroachment exists in the said lands and, if concluded, report to appropriate authorities for removal; notice to private respondent dispensed with but all his rights and contentions preserved before the Committee; exercise confined to public land (not patta land) with the public-land status left open; completion within 14 weeks i.e., by 08.12.2025; liberty to approach the Court again on change of circumstances; no order as to costs.

Issue for consideration

Whether there are encroachments made by the sixth respondent in the 15 links village road admeasuring 2,010 sq. links comprised in the enumerated Survey Nos. (29/1L through 39/2G) in Erumaipatti Village, Edappadi Taluk, Salem District ('said lands'), and whether the second respondent should remove them. +1 more

Court's answer

The Court deemed it appropriate to refer the matter to the Divisional Monitoring Committee headed by the second respondent under the said G.O.(Ms)No.64 dated 08.02.2022.

Ratio / Principle

The Court directed the jurisdictional Divisional Monitoring Committee to examine whether there is encroachment in 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, i.e., for removal of the encroachment.ratio¶49
As disposal occurred in the Admission Board without notice to the alleged encroacher, all rights and contentions of the alleged encroacher (sixth respondent) are preserved, to be raised before the Committee concerned, which shall consider them on their own merits and in accordance with law, untrammelled by these proceedings.ratio¶49

Detailed headnote1 paragraphs

Madras High Court (bench of M. Sundar and Mummineni Sudheer Kumar JJ.; order by M. Sundar J.) disposed of a writ petition under Article 226 by Rajagopal seeking a writ of mandamus directing the second respondent (Revenue Divisional Officer/Chairperson, Divisional Monitoring Committee, Sangagiri, Salem District) to remove encroachments alleged to have been made by the sixth respondent (Muthuswami) in a 15 links village road admeasuring 2,010 sq. links spread over enumerated Survey Nos. in Erumaipatti Village, Edappadi Taluk, Salem District, based on the petitioner's representation. Adverting to G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022, which puts in place an encroachment-removal mechanism (Divisional Monitoring Committee, District Monitoring Committee and State Steering Committee) affording opportunity to the alleged encroacher, and since the petition was taken up in the Admission Board without notice to the private respondent, the Court referred the matter to the Divisional Monitoring Committee headed by the second respondent with directions to: (i) examine whether encroachment exists in the said lands; (ii) if so concluded, report it to appropriate authorities for removal; and (iii) complete the exercise within 14 weeks, i.e., by 08.12.2025. All rights and contentions of the alleged encroacher were preserved to be raised before and decided by the Committee on merits, untrammelled by the Court's proceedings. The Court clarified that it expressed no view on whether encroachment subsists; the exercise applies only to public land and not patta land; and whether the said lands are public lands is left open for the Committee. Liberty was reserved to the petitioner or anyone concerned, including the private respondent, to return to Court on the same issue upon change of circumstances. Disposed of; no order as to costs.

W.P.No.32853 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2025

CORAM

THE HONOURABLE MR. JUSTICE M.SUNDAR

and

THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR

W.P. No.32853 of 2025

Rajagopal Petitioner

vs.

The District Collector/Chairperson District Monitoring Committee Salem District

The Revenue Divisional Officer/Chairperson Divisional Monitoring Committee Sangagiri Salem District

The Tahsildar Edappadi Taluk Salem District

The District Development Officer Salem Salem District

The Block Development Officer Konganapuram Panchayat Union Salem District

Muthuswami Respondents

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W.P.No.32853 of 2025

Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the second respondent to remove the encroachments made in the 15 links village road comprised in Survey Nos.29/1L, 39/1J, 39/2J, 39/1K, 39/1W, 39/1Y, 39/1AA, 39/1AB, 39/1AC, 39/2, 39/2H, 39/2I, 37/1AG, 37/1AF, 37/1AE, 37/1AD, 37/1AC, 37/1A, 37/1B, 37/1C, 37/1D, 37/1E, 37/1G, 37/1H, 37/1K, 37/1L, 37/1M, 38/1Y, 38/1V, 38/1T, 38/1S, 38/1Q, 38/1J, 3/1I, 38/1F, 29/2A, 39/2B, 39/2C, 39/2D, 39/2F, 39/2E, 39/2H, 39/1Y, 39/1Y, 391H, 39/1C, 39/1B and 39/2G, Erumaipatti Village, Edappadi Taluk, Salem District, admeasuring 2,010 sq. links based on the petitioner's representation dated 21.03.2025.

For petitioner Mr. C.K.M. Appaji For RR 1 to 5 Mr. T.K. Saravanan Addl. Govt. Pleader

For R6 Notice dispensed with

ORDER

[made by M.SUNDAR, J.]

This order will now dispose of the captioned 'writ petition' ['WP' for the sake of brevity].

Mr. C.K.M. Appaji, learned counsel on record for writ petitioner, is before us.

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W.P.No.32853 of 2025

Adverting to a representation dated 21.03.2023 from the writ petitioner, learned counsel for writ petitioner submitted that there are alleged encroachments in 'Survey Nos.29/1L, 39/1J, 39/2J, 39/1K, 39/1W, 39/1Y, 39/1AA, 39/1AB, 39/1AC, 39/2, 39/2H, 39/2I, 37/1AG, 37/1AF, 37/1AE, 37/1AD, 37/1AC, 37/1A, 37/1B, 37/1C, 37/1D, 37/1E, 37/1G, 37/1H, 37/1K, 37/1L, 37/1M, 38/1Y, 38/1V, 38/1T, 38/1S, 38/1Q, 38/1J, 3/1I, 38/1F, 29/2A, 39/2B, 39/2C, 39/2D, 39/2F, 39/2E, 39/2H, 39/1Y, 39/1Y, 391H, 39/1C, 39/1B and 39/2G, Erumaipatti Village, Edappadi Taluk, Salem District' [hereinafter 'said lands' for the sake of convenience and clarity] by private respondent, who has been arrayed as sixth respondent in captioned WP.

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/mechanism which inter alia provides for giving opportunity to alleged encroacher, we are of the view that the captioned WP can be disposed of by ordering notice to official respondents (respondents 1 to 5) and dispensing with notice to private

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W.P.No.32853 of 2025

respondent (sixth respondent) inter alia by putting in a safety valve / adequate protection qua alleged encroacher i.e., sixth respondent.

Issue notice to official respondents, i.e., respondents 1 to 5.

Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for all official respondents (respondents 1 to 5).

In the light of what has been alluded to supra and considering the limited scope of the captioned WP, with the consent of learned counsel for writ petitioner and learned State counsel, captioned WP was taken up in the Admission Board, i.e., Motion List, itself.

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 the second respondent vide said GO.

This Court directs the jurisdictional Divisional Monitoring Committee to examine if there is encroachment in said lands.

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). In this regard, we are acutely conscious that the matter is being disposed of in Admission Board without notice to alleged encroacher and therefore, we make it clear that all 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 i.e., by 08.12.2025.

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It is open to the writ petitioner and / or anyone concerned with this matter, including private respondent, 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 lands as it turns largely / heavily on facts and it is for the Committee concerned 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 i.e., if there is any encroachment in public land, which, in turn, means that the question as to whether said lands are public lands is also left open for the Committee concerned to take a call.

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

cad

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To

The District Collector/Chairperson District Monitoring Committee Salem District

The Revenue Divisional Officer/Chairperson Divisional Monitoring Committee Sangagiri Salem District

The Tahsildar Edappadi Taluk Salem District

The District Development Officer Salem, Salem District

The Block Development Officer Konganapuram Panchayat Union Salem District

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W.P.No.32853 of 2025

M.SUNDAR, J.

and

MUMMINENI SUDHEER KUMAR, J.

cad

W.P.No.32853 of 2025

01.09.2025

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