M.Rajasekar v. The Secretary to the Government

ORDER [Order of the Court was made by M.SUNDAR, J.,] Captioned 'Writ Petition' (hereinafter 'WP' for the sake of brevity) has been filed with removal of encroachment prayer.

¶2Today, captioned WP is listed under the cause list caption 'FOR DISMISSAL' and Mr.E.Vijayakumar, learned counsel for writ petitioner expresses regret and tenders apology for missing the matter yesterday (05.06.2025). Apology is accepted.

¶3Learned counsel for writ petitioner is ready to advance arguments. Mr.M.S.Arasakumar, learned Government Advocate for official respondents/R1 to R5 is before this Court. Page Nos.2/11

¶4Earlier proceedings bring to light that predecessor Division bench has appointed an Advocate Commissioner. It now comes to light that the Advocate Commissioner has done a local inspection and filed a report dated 12.04.2024 and a scanned reproduction of the report is as follows: Page Nos.3/11 Page Nos.4/11 Page Nos.5/11 Page Nos.6/11 Page Nos.7/11

¶5This Court is of the considered view that it would be appropriate to relegate this matter to the jurisdictional Divisional Monitoring Committee viz., Revenue Divisional officer, Thiruvannamalai District (R4).

¶6R4 is directed to kickstart proceedings by applying 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} i.e., by issuing notice to the writ petitioner, private respondents/R6 to R9 and/or any other alleged encroachers and give them an opportunity. In this view of the matter, we make it clear that all the rights and contentions of R6 to R9/private respondents and any other similarly placed persons who may be visited with a notice stand preserved. This order will not touch upon the rights of private respondents and/or any other similarly placed persons. Therefore, we are dispensing with notice to private respondents/R6 to R9 and taking up the main WP with the consent of learned counsel for writ petitioner and learned State counsel. Page Nos.8/11

¶7When R4 kickstarts proceedings, let all the parties be favoured with a copy of the report of the Advocate Commissioner and given an opportunity to file objections if any i.e., if so advised and if so desired. The objections shall also be considered by R4.

¶8Let R4 commence, continue and conclude the proceedings vide said GO as expeditiously as the business of R4 would permit but in any event within fourteen weeks from today i.e., on or before

12.09.2025.

¶9Captioned WP is disposed of in the aforesaid manner. There shall be no order as to costs. (M.S.,J.) (H.C.J.)

06.06.2025 Index : Yes / No mmi To

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

2.The District Collector, Page Nos.9/11 Thiruvannamalai, Thiruvannamalai District.

3.The Block Development Officer, Kilpennathur Taluk, Thiruvannamalai District.

4.The Revenue Divisional Officer, Thiruvannamalai District.

5.The Tahsildar, Kilpennathur Taluk, Thiruvannamalai District. Page Nos.10/11 M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., mmi

06.06.2025 Page Nos.11/11

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.06.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR M.Rajasekar ... Petitioner Vs. 1.The Secretary to the Government of Tamil Nadu, Revenue Department, St. George Fort, Chennai – 600 009. 2.The District Collector, Thiruvannamalai, Thiruvannamalai District. 3.The Block Development Officer, Kilpennathur Taluk, Thiruvannamalai District. 4.The Revenue Divisional Officer, Thiruvannamalai District. 5.The Tahsildar, Kilpennathur Taluk, Thiruvannamalai District. 6.Thirumoorthy 7.Moorthy 8.Menon 9.Joseph Paul ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents 2 to 5 Page Nos.1/11 to remove the encroachment made by the respondents 6 to 9 in S.F.Nos.266/2 (0.5 ares), 265/2 (0.9 ares) and 250/3 (0.05.0 ares) (Government poromboke land), Kadambai Sirukothan Village, Keelpennathur Taluk, Thiruvannamalai and laying stone as per representation of the petitioner dated 03.11.2022 and 15.11.2022. For Petitioner : Mr.E.Vijayakumar For Respondents : Mr.M.S.Arasakumar, Government Advocate for R1 to R5