S.Kumar v. The Revenue Divisional Officer

O R D E R [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].

¶2Ms.B.Girija, learned counsel on record for writ petitioner and Mr.T.K.Saravanan, learned Additional Government Pleader for R1 and R2 are before us.

¶3Adverting to a representation dated 21.06.2016 from the writ petitioner, learned counsel for writ petitioner submitted that there is alleged encroachment in 'Survey No.3, situate at Thandalam Village, Thiruporur Taluk, Chengalpattu District' [hereinafter 'said land' for the sake of convenience and clarity] by R3 before us. To be noted, R3 is a private Page Nos.2/6 respondent.

¶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 with the consent of both sides by putting in a safety valve / adequate protection qua alleged encroachers i.e., R3.

¶5In 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.

¶6It 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. Page Nos.3/6

¶7In the light of the narrative thus far, we deem it appropriate to refer the matter to the Divisional Monitoring Committee headed by the Sub-Collector / Revenue Divisional Officer, Chengalpattu qua said GO.

¶8This Court directs the jurisdictional Divisional Monitoring Committee to examine if there is encroachment qua said land.

¶9The 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 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 29.09.2025.

¶10It 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.4/6

¶11We 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.

¶12Captioned WP is disposed of with the aforementioned observations and directives in the aforesaid manner. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. (M.S.J.,) (R.S.V.J.,)

23.06.2025 Index : Yes / No Speaking / Non-speaking mk Page Nos.5/6 M.SUNDAR, J., and R.SAKTHIVEL, J., mk To

¶1The Revenue Divisional Officer Office of the Revenue Divisional Office Chengalpattu District.

¶2The Tahsildar Thiruporur Taluk Chengalpattu Road, Thiruporur Chengalpattu District.

¶3The Sub-Collector Chengalpattu.

23.06.2025 Page Nos.6/6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.06.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL and W.M.P.No.11863 of 2023 S.Kumar S/o.Samikannu ... Petitioner vs. 1. The Revenue Divisional Officer Office of the Revenue Divisional Office Chengalpattu District. 2. The Tahsildar Thiruporur Taluk Chengalpattu Road, Thiruporur Chengalpattu District. 3. S.Iyyappan S/o.Samikann ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents 1 and 2 to consider the representation of the petitioner dated 21.06.2016 and evict the 3rd respondent and his agents from Survey No.3, situate at Thandalam Village, Page Nos.1/6 Thiruporur Taluk, Chengalpattu District and restore the lands to its original state. For Petitioner : Ms.B.Girija For Respondents : Mr.T.K.Saravanan Additional Government Pleader for R1 & R2 *****