S.Subramaniyan v. The District Collector

ORDER [made by M.SUNDAR, J.] This order will now dispose of the captioned 'writ petition' ['WP' for the sake of brevity].

¶2Mr.C.Samivel, learned counsel on record for writ petitioner, is before us.

¶3Adverting to a representation dated 07.04.2025 from the writ petitioner, learned counsel for writ petitioner submitted that there is alleged encroachment in 'lands classified as Pathai (ghij) qua Survey Nos.49/5 and 50/9, situate in Eeriyur Revenue Village, Chinnasalem Taluk, Kallakurichi District' [hereinafter 'said lands' for the sake of convenience and clarity] by private respondents, who have been arrayed as R4 to R6 in captioned WP. Page Nos.2/6

¶4Considering 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 encroachers, we are of the view that the captioned WP can be disposed of by ordering notice to official respondents (R1 to R3) and dispensing with notice to private respondents inter alia by putting in a safety valve / adequate protection qua alleged encroachers i.e., R4 to R6.

¶5Issue notice to official respondents, i.e., R1 to R3.

¶6Mr.T.K.Saravanan, learned Additional Government Pleader, accepts notice for R1 to R3.

¶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, captioned WP was taken up in the Admission Board, i.e., Motion List, itself.

¶8It was submitted by learned State counsel that said GO has been put in place, wherein and whereby Divisional Monitoring Page Nos.3/6 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 Revenue Divisional Officer, Kallakurichi vide said GO.

¶10This Court directs the jurisdictional Divisional Monitoring Committee to examine if there is encroachment in said lands.

¶11The 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 encroachers and therefore, we make it clear that all 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 31.10.2025. Page Nos.4/6

¶12It is open to the writ petitioner and / or anyone concerned with this matter, including private respondents, to come to this Court on the same issue (even with a similar / same prayer) if there is 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 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.

¶14Captioned 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. (M.S.,J.) (K.G.T.,J.)

25.07.2025 Index : Yes/No NC : Yes/No cad Page Nos.5/6

M.SUNDAR, J. and

K.GOVINDARAJAN THILAKAVADI, J. cad To

¶1The District Collector

Kallakurichi District Kallakurichi

¶2The Tahsildar Chinnaselam Taluk Chinnaselam Kallakurichi District

¶3The Village Administrative Officer Eeriyur Village Chinnasalem Taluk Kallakurichi District

¶4The Revenue Divisional Officer Kallakurichi

25.07.2025 Page Nos.6/6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.07.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI S.Subramaniyan Petitioner Vs. 1. The District Collector Kallakurichi District Kallakurichi 2. The Tahsildar Chinnaselam Taluk Chinnaselam Kallakurichi District 3. The Village Administrative Officer Eeriyur Village Chinnasalem Taluk Kallakurichi District 4. Ponnusamy Servai 5. Palanisamy 6. Selvi Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents 1 to 3 to remove the encroachment made by the private respondents 4 to 6 in respect of the land in Survey Nos.49/5 & 50/9 classified as Pathai Page Nos.1/6 (ghij) situated at Eeriyur Revenue Village, Chinnasalem Taluk, Kallakurichi District within a stipulated period. For petitioner : Mr. C.Samivel For RR 1 to 3 : Mr. T.K.Saravanan Additional Government Pleader