P.Kanthavel v. the District Collector
Case brief
What is this about?
Madras HC DB (M.Sundar & K.Govindarajan Thilakavadi JJ.), W.P.No.8008 of 2025, dt. 10.03.2025: alleged encroachment by private respondents 5-7 over panchayat road in S.F.No.285/1, Pinnathur Village (Cuddalore dist.); WP under Art. 226 seeking mandamus to officials disposed of at Admission Board by referring matter to Divisional Monitoring Committee (Sub Collector, Chidambaram) under G.O.(Ms)No.64 Revenue & Disaster Management Dept., Land Disposal Wing, dt. 08.02.2022; Committee to examine encroachment with adequate opportunity to alleged encroachers (rights/contentions preserved), report for removal action if found; completion within 12 weeks i.e., by 02.06.2025; applies only to public land, not patta land; no view expressed on existence of encroachment; liberty to revisit on change of circumstances; no costs; no precedents cited.
What did the court decide?
The prayed-for mandamus was not granted directly; the writ petition was disposed of by directing the jurisdictional Divisional Monitoring Committee (headed by the Sub Collector, Chidambaram) under G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022, to examine whether there is encroachment qua Survey Field No.285/1, Pinnathur Village, after affording adequate and ample opportunity to alleged encroachers (RR 5 to 7) whose rights and contentions are preserved, to report any encroachment found for further removal action, completing the entire exercise within 12 weeks i.e., by 02.06.2025; the exercise applies only to public land and not patta land; no order as to costs.