P.Ramasamy 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. Prabakaran, learned counsel on record for writ petitioner, who is before us, expresses regret for having missed the matter yesterday (23.06.2025).

¶3Adverting to a representation dated 24.04.2021 from the writ petitioner, learned counsel for writ petitioner, submitted that there Page Nos.2/9 are alleged encroachments in 'Survey Nos.540/1 and 540/2 at Ka. Kudikadu Village, Veppur Taluk, Cuddalore District' [hereinafter 'said lands' for the sake of convenience and clarity] by RR 4 to 8. To be noted, RR 4 to 8 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 encroachers, we are of the view that the captioned WP can be disposed of as a safety valve / adequate protection qua alleged encroachers i.e. RR 4 to 8 is put in place.

¶5Mr. T.K. Saravanan, learned Additional Government Pleader for RR 1 to 3 is before us.

¶6In 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. Page Nos.3/9

¶7It 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.

¶8In the light of the narrative thus far, we deem it appropriate to refer the matter to the Divisional Monitoring Committee headed by R2 qua said GO.

¶9We direct the jurisdictional Divisional Monitoring Committee to examine if there is encroachment qua said lands.

¶10The 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 Page Nos.4/9 conscious that the matter is being disposed of 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

30.09.2025.

¶11It 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.

¶12We 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 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. Page Nos.5/9 Page Nos.6/9

¶13Captioned 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.)

24.06.2025 cad Index: N.C. : Page Nos.7/9 To

¶1The District Collector Cuddalore District Cuddalore

¶2The Revenue Divisional Officer Cuddalore Revenue Division Cuddalore Cuddalore District

¶3The Tahsildar Veppur Taluk Cuddalore District Page Nos.8/9

M.SUNDAR, J. and

HEMANT CHANDANGOUDAR, J. cad

24.06.2025 Page Nos.9/9

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.06.2025 CORAM THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR P. Ramasamy Petitioner vs. 1. The District Collector Cuddalore District Cuddalore 2. The Revenue Divisional Officer Cuddalore Revenue Division Cuddalore, Cuddalore District 3. The Tahsildar Veppur Taluk Cuddalore District 4. Govindarasu 5. Ayyakannu 6. Pandu 7. Thangarasu 8. Markandan Respondents Page Nos.1/9 Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 3 to remove encroachments comprised in S.Nos.540/1 and 540/2 situated at Ka.Kudikadu Village, Veppur Taluk, Cuddalore District based on the petitioner's representation dated 24.04.2021. For petitioner Mr. C. Prabakaran For RR 1 to 3 Mr. T.K. Saravanan Addl. Govt. Pleader