Gopi 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]. Page Nos.2/7

¶2Ms.R.Shakthi Priya, learned counsel on record for writ petitioner, Mr.K.Suresh, learned Government Advocate for R1, R3 and R5, and Ms.R.Reganitha, learned counsel representing Mr.U.Bharanidharan, learned Additional Government Pleader for R4.

¶3Adverting to representations dated 09.06.2022 and 29.06.2022 from the writ petitioner, learned counsel for writ petitioner submitted that there is alleged encroachment to an extent of 0.75 cents in 'S.No.21, TMG Nagar, Tindivanam Taluk, Villupuram District ' [hereinafter 'said land' for the sake of convenience and clarity] by R6 to R8. To be noted, R6 to R8 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 by putting in a safety valve / adequate protection qua alleged encroachers i.e., R6 to R8. Page Nos.3/7

¶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 R3 (Revenue Divisional Officer, Marakkanam, Villupuram District) qua said GO.

¶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 alleged encroachers are preserved for being raised before the Committee Page Nos.4/7 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 23.10.2025.

¶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.

¶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. Page Nos.5/7

¶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.)

17.07.2025 Index : Yes / No gpa To

¶1The District Collector District Collectorate Office Villupuram

¶2The Sub-Collector Sub-Collectorate Office Tindivanam, Villupuram District

¶3The Revenue Divisional Officer Marakanam, Villupuram District

¶4The Municipal Commissioner Tindivanam, Villupuram District

¶5The Thasildhar Taluk Office Tindivanam, Villupuram District Page Nos.6/7 M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., gpa

17.07.2025 Page Nos.7/7

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.07.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR Gopi ... Petitioner Vs. 1. The District Collector District Collectorate Office Villupuram 2. The Sub-Collector Sub-Collectorate Office Tindivanam, Villupuram District 3. The Revenue Divisional Officer Marakanam, Villupuram District 4. The Municipal Commissioner Tindivanam, Villupuram District 5. The Thasildhar Taluk Office Tindivanam, Villupuram District 6. Balaji Page Nos.1/7 7. Muthu 8. Gangan ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the respondents particularly the 1st to 5th respondents to remove the encroachments completely by clearly to shed and other mentioned put up by the 6th to 8th respondents in S.No.21 to an extent of 0.75 cents in TMG Nagar, Tindivanam Taluk, Villupuram District. For Petitioner : Ms.R.Shakthi Priya For Respondents : Mr.K.Suresh Govt. Advocate for R1, R3 and R5 Ms.R.Reganitha for Mr.U.Bharanidharan for R4