S.Elumalai v. The Government of Tamilnadu

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]. Page Nos.2/8

¶2Mr.S.Sadasharam, learned counsel on record for writ petitioner is before us.

¶3Adverting to representation

dated

07.08.2024, Mr.S.Sadasharam, learned counsel for writ petitioner submitted that there is alleged encroachment across a canal land in 'Survey No.40, Neepalampattu Village, Amirthi Post, Jamuna Marathur Taluk, Thiruvannamalai District' [hereinafter 'said land' for the sake of convenience and clarity] by R8. To be noted, R8 is private respondent.

¶4Considering the obtaining position, we are of the view that the captioned WP can be disposed of by ordering notice to respondents (R1 to R7) and putting in a safety valve / adequate protection qua alleged encroacher i.e., R8.

¶5Issue notice to official respondents i.e., R1 to R7.

¶6Mr.M.S.Arasakumar, learned Government Advocate accepts notice for R1 to R7. Page Nos.3/8

¶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 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, Revenue Divisional Office, Arani, Thiruvannamalai, 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 Page Nos.4/8 Divisional Monitoring Committee shall also ensure that adequate and ample opportunity is given to persons concerned more particularly alleged encroacher (R8) 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 encroacher and therefore, this safety valve is put in place. To be noted, all the rights and contentions of alleged encroacher are preserved for being raised 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 encroacher). The entire exercise shall be completed within a period of twelve weeks from today i.e., by

01.05.2025. Page Nos.5/8

¶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 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.)

06.02.2025 Index : Yes / No mmi Page Nos.6/8 To

1.The Secretary to Government, Revenue Department, Fort St. George, Chennai – 600 009.

2.The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai – 600 005.

3.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai – 600 005.

4.The District Collector, Thiruvannamalai District, Thiruvannamalai – 606 604.

5.The District Revenue Officer, Thiruvannamalai District, Thiruvannamalai – 606 604.

6.The Revenue Divisional Officer, Arani, Thiruvannamalai District.

7.The Tahsildar, Jamuna Marathur & Taluk, Thiruvannamalai District. Page Nos.7/8 M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mmi

06.02.2025 Page Nos.8/8

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.02.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI S.Elumalai ... Petitioner Vs. 1.The Government of Tamil Nadu rep. By its Secretary, Revenue Department, Fort St. George, Chennai – 600 009. 2.Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai – 600 005. 3.Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai – 600 005. 4.District Collector, Thiruvannamalai District, Thiruvannamalai – 606 604. 5.District Revenue Officer, Thiruvannamalai District, Thiruvannamalai – 606 604. Page Nos.1/8 6.Revenue Divisional Officer, Arani, Thiruvannamalai District. 7.The Tahsildar, Jamuna Marathur & Taluk, Thiruvannamalai District. 8.Thirumaran ... 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 7 more particularly 3 to 7 to take immediate action following the petitioner's representation dated 07.08.2024 and prevent the illegal activities of the 8th respondent across the canal land in Survey No.40, Neepalampattu Village, Amirthi Post, Jamuna Marathur Taluk, Thiruvannamalai District. For Petitioner : Mr.S.Sadasharam For Respondents : Mr.M.S.Arasakumar, Government Advocate for R1 to R7