P.Elangovan, v. The District Collector

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].

¶2Mr.T.Velu, learned counsel for writ petitioner and Mr.K.Suresh, learned Government Advocate for R1 to R5 are before us.

¶3Adverting to representations dated 27.08.2022 and 23.05.2023 from the writ petitioner, learned counsel for writ petitioner submitted that there is alleged encroachment in 'Survey No.236/1at Sathappadi Village, Thalaivasal Taluk, Salem District' [hereinafter 'said land' for the sake of convenience and clarity] by R6 to R10 before us. To be noted, R6 to R10 are private respondents.

¶4Considering the facts and circumstances of the case in juxtaposition Page Nos.3/8 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 R10.

¶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 the Revenue Divisional Officer, Revenue Division Office, Attur qua said GO.

¶7This Court directs the jurisdictional Divisional Monitoring Page Nos.4/8 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 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 18.09.2025.

¶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 Page Nos.5/8 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.

¶11Captioned 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.,) (H.C.J.,)

12.06.2025 Index : Yes / No Speaking / Non-speaking mk To

¶1The District Collector Salem District Salem - 636 001. Page Nos.6/8

¶2The Revenue Divisional Officer Attur Division Salem District - 636 102.

¶3The Tahsildar Thalaivasal Taluk Salem District - 636 112.

¶4The Deputy Superintendent of Police Deputy Superintendent of Police office Attur Subdivision, Salem District - 636 102.

¶5The Sub Inspector of Police Gangavalli Police Station Salem District - 636 105. Page Nos.7/8 M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., mk

12.06.2025 Page Nos.8/8

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.06.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and W.M.P.No.20556 of 2024 P.Elangovan S/o.Pachamuthu ... Petitioner vs. 1. The District Collector Salem District Salem - 636 001. 2. The Revenue Divisional Officer Attur Division Salem District - 636 102. 3. The Tahsildar Thalaivasal Taluk Salem District - 636 112. 4. The Deputy Superintendent of Police office Attur Subdivision, Salem District - 636 102. 5. The Sub Inspector of Police Page Nos.1/8 Gangavalli Police Station Salem District - 636 105. 6. Mr.Sandhosh Kumar S/o.Jayasankar 7. Mr.Kumar S/o.Rathinavel 8. Mr.Raja S/o.Marimuthu 9. Mrs.Nirmaladevi 10. Miss.A.Selvarani D/o.Arumugam 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 of Vinayagar Statute from the Government land as the street in Survey No.236/1 situated at Sathappadi Village, Thalaivasal Taluk, Salem District to enable the petitioner to use the street to reach the main road and execute the peace committee report was submitted by the 3rd respondent dated 17.09.2022. For Petitioner : Mr.T.Velu For Respondents : Mr.K.Suresh Government Advocate for R1 to R5 ***** Page Nos.2/8