Devaraj v. The District Collector

ORDER [Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of the captioned 'Writ Petition' [hereinafter 'WP' for the sake of brevity].

¶2Mr.M.Ravi, learned counsel on record for writ petitioner is before us on VC (Video Conferencing) Platform (to be noted, this is a hybrid hearing, which is a regular/routine/daily feature in this Court).

¶3Adverting to representation dated 24.12.2024, Mr.M.Ravi, learned counsel for writ petitioner submitted that there is alleged encroachment in 'Survey No.121N/182, Nallampalli Taluk, Chinnakanahalli Village, Dharmapuri District' [hereinafter 'said land' for Page Nos.2/7 the sake of convenience and clarity] by R5 and R6. To be noted, R5 and R6 are private respondents.

¶4Considering the obtaining position, we are of the view that the captioned WP can be disposed of by ordering notice to respondents (R1 to R4) and putting in a safety valve / adequate protection qua alleged encroachers i.e., R5 and R6.

¶5Issue notice to official respondents i.e., R1 to R4.

¶6Mr.M.S.Arasakumar, learned Government Advocate accepts notice for R1 to R4.

¶7In the light of what has been alluded to supra and considering the limited scope of the captioned WP, with the consent of both sides, main WP was taken up.

¶8It was submitted by learned Government Advocate that G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022 has been put in place, wherein and Page Nos.3/7 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.

¶9In 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, Dharmapuri District, qua G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022.

¶10This 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 (R5 and R6) before taking a call. 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 Page Nos.4/7 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.

¶11The 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

02.07.2025.

¶12It 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.

¶13We 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 Page Nos.5/7 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.

¶14Captioned 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.) (K.G.T.,J.)

09.04.2025 Index : Yes / No mmi To

1.The District Collector, Dharmapuri District.

2.The District Revenue Officer, Dharmapuri District.

3.The Revenue Divisional Officer, Dharmapuri.

4.The Tashildar, Nallampalli, Dharmapuri District. Page Nos.6/7 M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mmi

09.04.2025 Page Nos.7/7

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.04.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI Devaraj ... Petitioner Vs. 1.The District Collector, Dharmapuri District. 2.The District Revenue Officer, Dharmapuri District. 3.The Revenue Divisional Officer, Dharmapuri. 4.The Tashildar, Nallampalli, Dharmapuri District. 5.Murugesan 6.Rajalingam ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 to 4 Page Nos.1/7 to dispose of the petitioner's representation dated 24.12.2024 for removal of encroachment made by the 5th and 6th respondents in Chinnakanahalli Survey No.121/182. For Petitioner : Mr.M.Ravi For Respondents : Mr.M.S.Arasakumar, Government Advocate for R1 to R4