A.Rajendran v. The District Collector

ORDER [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.K.Balasubramaniam, learned counsel on record for writ petitioner and Mr.K.Suresh, learned Government Advocate for respondents are before this Court.

¶3Adverting to representation dated 16.12.2019 from the writ petitioner, learned counsel for writ petitioner submitted that there is encroachment in 'passage situate adjacent to Natham Survey Nos.453/5 and 453/39, 453/40 and 453/41 in J.Krishnapuram Village, Sulur Taluk' [hereinafter 'said pathway' for the sake of convenience and clarity]. Page Nos.2/7

¶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 encroacher/s, we are of the view that the captioned WP can be disposed of by putting in a safety valve / adequate protection qua encroacher/s.

¶5It 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.

¶6In the light of the narrative thus far, we deem it appropriate to refer the matter to the Divisional Monitoring Committee headed by R2 (Revenue Divisional Officer, Coimbatore, Coimbatore District) qua said GO. Page Nos.3/7

¶7This Court directs the jurisdictional Divisional Monitoring Committee to examine if there is encroachment qua said land.

¶8The 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). To be noted, all the rights and contentions of 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

23.09.2025.

¶9It 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. Page Nos.4/7

¶10We 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.

¶11Captioned 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.)

17.06.2025 Index : Yes / No gpa Page Nos.5/7 To

¶1The District Collector Collectorate Coimbatore

¶2The Revenue Divisional Officer Coimbatore, Coimbatore District

¶3The Deputy Thasildar (Head Quarter) Sulur Taluk, Coimbatore District

¶4The Village Administrative Officer J.Krishnapuram Village Sulur Taluk Coimbatore District Page Nos.6/7 M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., gpa

17.06.2025 Page Nos.7/7

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.06.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR A.Rajendran ... Petitioner Vs. 1. The District Collector Collectorate Coimbatore 2. The Revenue Divisional Officer Coimbatore, Coimbatore District 3. The Deputy Thasildar (Head Quarter) Sulur Taluk, Coimbatore District 4. The Village Administrative Officer J.Krishnapuram Village Sulur Taluk Coimbatore District ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the Respondent No.1 to consider the petitioner's representation dated 16.12.2019 and take Page Nos.1/7 appropriate action within the stipulated time. For Petitioner : MrK.Balasubramaniam For Respondents : Mr.K.Suresh Government Advocate