R.Karthikeyan 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. Munusamy, learned counsel on record for writ petitioner, is before us.

¶3Adverting to a representation dated 17.03.2025 from the writ petitioner, learned counsel for writ petitioner submitted that there is alleged encroachment in 'the pathway/road running on the northern side of the Thandarampattu Main Road situate at Radhapuram Village, Thandarampattu Taluk, Thiruvannamalai District' [hereinafter 'said land' for the sake of convenience and clarity] by RR 3 to 5. To be noted, RR 3 to 5 are private respondents.

¶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 inter alia giving opportunity to alleged Page Nos.2/6 encroachers, we are of the view that the captioned WP can be disposed of by ordering notice to official respondents (RR 1 and 2) and putting in a safety valve / adequate protection qua alleged encroachers i.e. RR 3 to 5.

¶5Issue notice to official respondents, i.e. RR 1 and 2.

¶6Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for RR 1 and 2.

¶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.

¶8It 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. Page Nos.3/6

¶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, Tiruvannamalai qua said GO.

¶10We direct the jurisdictional Divisional Monitoring Committee to examine if there is encroachment qua said land.

¶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, this safety valve is put in place. 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 23.10.2025. Page Nos.4/6

¶12It 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.

¶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 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.) (H.C., J.)

17.07.2025 cad Index: N.C. : Page Nos.5/6

M.SUNDAR, J. and

HEMANT CHANDANGOUDAR, J. cad To

¶1The District Collector Thiruvannamalai District Thiruvannamalai

¶2The Tahsildar Thandarampattu Taluk Thandarampattu Thiruvannamalai District

¶3The Revenue Divisional Officer Tiruvannamalai W.P.No.25769 of 2025

17.07.2025 Page Nos.6/6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.07.2025 CORAM: THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR R. Karthikeyan Petitioner vs. 1. The District Collector Thiruvannamalai District Thiruvannamalai 2. The Tahsildar Thandarampattu Taluk Thandarampattu, Thiruvannamalai District 3. Prakash 4. Usha 5. Uma Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 and 2 to remove the encroachments in the pathway/road running on the northern side of the Thandarampattu Main Road situated at Radhapuram Village, Thandarampattu Taluk, Thiruvannamalai District by considering the petitioner's representation dated 17.03.2025 within a time frame. For petitioner Mr. C. Munusamy For RR 1 & 2 Mr. T.K. Saravanan Addl. Govt. Pleader Page Nos.1/6