G.Kadirvelu v. The District Collector

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

¶2Mr.J.Rajmohan, learned counsel on record for writ petitioners, Page Nos.2/7 Mr.T.K.Saravanan, learned Additional Government Pleader for R1 and R3 and Mr.Arun Babu, learned counsel for R2 are before us.

¶3Adverting to a representation dated 15.11.2021 from the writ petitioners, learned counsel for writ petitioners submitted that there is alleged encroachment in 'Annai Indra Nagar 1st, 2nd, 3rd and 4th Streets, Kadappa Street and the land comprised in S.No.25 of Puthagaram Village which is water body' [hereinafter 'said land' for the sake of convenience and clarity].

¶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 encroachers, we are of the view that the captioned WP can be disposed of with consent of both sides by putting in a safety valve / adequate protection qua alleged encroachers. Page Nos.3/7

¶5In 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.

¶6It 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.

¶7In 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, Chennai North, qua said GO.

¶8This Court directs the jurisdictional Divisional Monitoring Committee to examine if there is encroachment qua said land.

¶9The Divisional Monitoring Committee qua said GO shall (if it comes to the conclusion that there is encroachment) report the encroachment Page Nos.4/7 to appropriate authorities concerned for further action (for removal of encroachment). 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 10.10.2025.

¶10It is open to the writ petitioners 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.

¶11We 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.

¶12Captioned WP is disposed of with the aforementioned Page Nos.5/7 observations and directives in the aforesaid manner. There shall be no order as to costs. (M.S.J.,) (H.C.J.,)

04.07.2025 Index : Yes / No Speaking / Non-speaking mk To

¶1The District Collector O/o. District Collector Singaravelan Maligai Chennai-600 001.

¶2The Commissioner Corporation of Greater Chennai Rippon Building Park Town, Chenani-600 003.

¶3The Tahsildar O/o.Madhavaram Taluk Office Balaji Nagar, Chennai-600 066.

¶4The Revenue Divisional Officer, Chennai North. M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., mk Page Nos.6/7

04.07.2025 (2/2) Page Nos.7/7

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.07.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR 1. G.Kadirvelu S/o.Gopalsamy 2. M.Rajesh S/o.Murugan 3. M.Jayashankar S/o.Murugan 4. K.Krishna S/o.Kuppanaidu 5. T.K.Vijayakumar S/o.Kuttappan Nair ... petitioners vs. 1. The District Collector O/o. District Collector Singaravelan Maligai Chennai-600 001. 2. The Commissioner Corporation of Greater Chennai Rippon Building Page Nos.1/7 Park Town, Chenani-600 003. 3. The Tahsildar O/o.Madhavaram Taluk Office Balaji Nagar, Chennai-600 066. Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents to consider the petitioners' representation dated 15.11.2021 seeking to take appropriate action against the encroachments made at Annai Indra Nagar 1st, 2nd, 3rd and 4th Streets, Kadappa Street and the land comprised in S.No.25 of Puthagaram Village which is water body. For petitioners : Mr.J.Rajmohan For Respondents : Mr.T.K.Saravanan Additional Government Pleader for R1 and R3 Mr.Arun Babu for R2 *****