M.Kumar 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]. Page Nos.2/8

¶2Mr. G. Munuraj, learned counsel on record for writ petitioner, is before us.

¶3Learned counsel for writ petitioner, adverting to writ petitioner's representation dated 28.01.2025, submitted that there is alleged encroachment in 'S.No.44/2A and S.No.64/1A, 1B, 1C, 2B, 3A, 3B,3C, 3D, 63/2C, 64/4C, 5D, 6, 7C and 7D in Kullappanaickkanpatti Village, Omalur Sub-Registry, Salem West District' (hereinafter 'said lands' for the sake of convenience and clarity) by private respondents viz., RR 6 – 8. To be noted, RR 6 – 8 are private respondents.

¶4Considering the obtaining position, we are of the view that the captioned WP can be disposed of by ordering notice to official respondents (RR 1 - 5) and putting in a safety valve / adequate protection qua alleged encroachers i.e., RR 6 – 8.

¶5Issue notice to official respondents, i.e., RR 1 to 5.

¶6Mr. M.S. Arasakumar, learned Government Advocate, accepts notice for RR 1 to 5. 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, captioned 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 R2, viz., Revenue Divisional Officer, Mettur Dam, Salem District, 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 lands. The Page Nos.4/8 Divisional Monitoring Committee shall also ensure that adequate and ample opportunity is given to persons concerned, more particularly alleged encroachers (RR 6 to 8) 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 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.

¶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 encroachers). The entire exercise shall be completed within a period of 12 weeks from today i.e., by

10.06.2025. Page Nos.5/8

¶12It 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.

¶13We 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.

¶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.)

18.03.2025 cad Index : NC : Page Nos.6/8 To:

¶1The District Collector Office of the District Collector Salem District

¶2The Revenue Divisional Officer Office of the Revenue Divisional Officer Mettur Dam Salem District

¶3The Block Development Officer Omalur Union Office Omalur Taluk Salem District

¶4The Revenue Tahsildar Office of the Revenue Taluk Office Omalur Taluk Salem District

¶5The Commissioner of Omalur Panchayat Union Office of the Omalur Panchayat Union Omalur Taluk Salem District Page Nos.7/8 W.P.,No.9107,of,2025 M.SUNDAR,(J. and K.(GOVINDARAJAN(THILAKAVADI,(J. cad W.P.,No.9107,of,2025

18.03.2025 PageoNos.8/8

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.03.2025 CORAM: THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI W.P.No.9107 of 2025 M. Kumar Petitioner vs. 1. The District Collector Office of the District Collector Salem District 2. The Revenue Divisional Officer Office of the Revenue Divisional Officer Mettur Dam Salem District 3. The Block Development Officer Omalur Union Office Omalur Taluk Salem District 4. The Revenue Tahsildar Office of the Revenue Taluk Office Omalur Taluk Salem District 5. The Commissioner of Omalur Panchayat Union Office of the Omalur Panchayat Union Omalur Taluk Salem District 6. Mariyappan Page Nos.1/8 7. Govindaraj 8. Sivanandam Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 5 to remove the illegal encroachment and also remove the wire fence situated in Salem west district, Omalur Sub-Registry, Arasamarathu Vinayagar Temple, Kullappanaickkanpatti Village in Ka.Ri.S.No.44/2A and S.No.64/1A, 1B, 1C, 2B, 3A, 3B,3C, 3D, 63/2C, 64/4C, 5D, 6, 7C and 7D and consequently, fix a time frame for consideration of the petitioner's representation dated 28.01.2025 for removal of illegal encroachment and wire fence. For petitioner Mr. G. Munuraj For RR 1 to 5 Mr. M.S. Arasakumar Government Advocate