C.S.Lavakumar v. The District Collector

ORDER [Order of the Court was made by M.SUNDAR, J.,] Captioned matter is listed today under the cause list caption 'FOR DISMISSAL'. Mr.S.Sathyaraj, learned counsel on record for writ petitioner expresses regret for missing the matter in the previous listing and tenders apology. This is accepted.

¶2Adverting to a representation dated 09.03.2024 from the writ petitioner, learned counsel for writ petitioner submitted that there is alleged encroachment in 'Zone No.4, Ward No.56, Survey No.533, Mangaleri Lake, Samathuvapuram Salai, Old Perungalathur,' [hereinafter 'said land' for the sake of convenience and clarity].

¶3Considering 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 Page Nos.3/7 putting in a safety valve / adequate protection qua encroacher/s.

¶4It 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.

¶5In the light of the narrative thus far, we deem it appropriate to refer the matter to the Divisional Monitoring Committee headed by the Revenue Divisional Officer, Tambaram qua said GO.

¶6This Court directs the jurisdictional Divisional Monitoring Committee to examine if there is encroachment qua said land.

¶7The 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 Page Nos.4/7 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 22.09.2025.

¶8It 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.

¶9We 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.

¶10Captioned 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.) Page Nos.5/7

16.06.2025 Index : Yes / No mmi To

1.The District Collector, Chengalpet District, Collectorate Building, Chengalpet District.

2.The Commissioner, Corporation of Tambaram, Tambaram.

3.The Tahsildar, Tambaram Taluk, Tambaram, Chennai – 600 045.

4.The Zonal Officer, Zone 4, Tambaram Corporation.

5.The Assistant Engineer, Zone 4, Tambaram Corporation.

6.The Junior Engineer, Zone 4, Tambaram Corporation.

7.The Revenue Divisional Officer, Tambaram. Page Nos.6/7 M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., mmi

16.06.2025 Page Nos.7/7

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.06.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR C.S.Lavakumar ... Petitioner Vs. 1.The District Collector, Chengalpet District, Collectorate Building, Chengalpet District. 2.The Commissioner, Corporation of Tambaram, Tambaram. 3.The Tahsildar, Tambaram Taluk, Tambaram, Chennai – 600 045. 4.Zonal Officer, Zone 4, Tambaram Corporation. 5.Assistant Engineer, Zone 4, Tambaram Corporation. 6.Junior Engineer, Zone 4, Tambaram Corporation. Page Nos.1/7 7.M/s.Sri Selliamman & Co., No.80, Pillaiyar Kovil Street, Koyambedu, Chennai – 107. 8.M/s.Bavishya Deepam rep. By its Authorised Person Mr.Balasubramanian, No.6, Samathuvapuram Salai, Old Perungalathur, Chennai – 93. 9.M/s.IPM Prayer House rep. By its Pastor Mr.Krishnan @ Cristopher, No.4, Samathuvapuram Salai, Old Perungalathur, Chennai – 93. ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 to 6 to remove all the encroachments made in Zone No.4, Ward No.56, Survey No.533, Mangaleri Lake, Samathuvapuram Salai, Old Perungalathur, within the limit of Corporation of Tambaram and direct the second respondent to supervise the seventh respondent to do the work in accordance with law. For Petitioner : Mr.S.Sathyaraj For Respondents : Mr.M.S.Arasakumar, Government Advocate for R1 and R3 Mr.P.Srinivas, Standing Counsel for R2 and R4 to R6 Page Nos.2/7