S.Shanthi Selvakumar v. The Secretary to Government

O R D E R [Order of the Court was made by M. SUNDAR, J.] Read this in conjunction with and in continuation of earlier proceedings made in the listing on 05.06.2025 which reads as follows: Page Nos.2/8 'Subject matter of captioned writ petition is land comprised in Survey Nos.269/1 Part, 273/1 Part and 253/1 Part in T.S.No. Ward-I, Block 40, Chennai Corporation Division Nos.88 & 89 ('said land').

¶2From the submissions made at the bar today, it comes to light that it is necessary to have clarity about the revenue classification of said lands.

¶3Mr.T.K.Saravanan, learned Additional Government Pleader, sought time to get instructions on the above and revert to this Court. Request acceded to.

¶4List one week hence. List on 12.06.2025.'

¶2Adverting to earlier proceedings, learned State Counsel confirms that said land has been classified as public land / water body in the revenue records. Though there is an earlier judicial order dated 14.03.2022 in W.P.No.17689 of 2020 which came to be made at the instance of the same writ petitioner (S.Shanthi Selvakumar), Mr.P.V.Selvakumar, learned counsel for writ petitioner now submits that it will serve the purpose if G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022 is applied. We accede to this request. Page Nos.3/8

¶3Adverting to a representation dated 02.06.2024 from the writ petitioner, learned counsel for writ petitioner submitted that there is alleged encroachment in said land.

¶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 encroacher/s, we are of the view that the captioned WP can be disposed of by putting in a safety valve / adequate protection qua encroacher/s.

¶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. Page Nos.4/8

¶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, Chennai Central Division, Chennai 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 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 Page Nos.5/8 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.

¶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.,)

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

¶1The Secretary to Government Page Nos.6/8 Housing and Urban Development Department Fort St. George Secretariat Chennai-600 009.

¶2The District Collector Chennai District No.62, Rajaji Salai Chennai-600 001.

¶3The Chairman and Managing Director Tamil Nadu Housing Board No.493, Anna Salai Nandanam, Chennai-600 035.

¶4The Executive Engineer & Administrative Officer (ADO) Anna Nagar Division Tamil Nadu Housing Baord Thirumangalam, Chennai-600 101.

¶5The Manager Sales and Service Anna Nagar Division Tamil Nadu Housing Board Thirumangalam, Chennai-600 101.

¶6Deputy Commissioner of Police Anna Nagar Police District O/o. K-4, Police Station Anna Nagar, Chennai-600 040.

¶7The Revenue Divisional Officer, Chennai Central Division Chennai District. 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 S.Shanthi Selvakumar ... Petitioner vs. 1. The Secretary to Government Housing and Urban Development Department Fort St. George Secretariat Chennai-600 009. 2. The District Collector Chennai District No.62, Rajaji Salai Chennai-600 001. 3. The Chairman and Managing Director Tamil Nadu Housing Board No.493, Anna Salai Nandanam, Chennai-600 035. 4. The Executive Engineer & Administrative Officer (ADO) Anna Nagar Division Tamil Nadu Housing Baord Thirumangalam, Chennai-600 101. 5. The Manager Page Nos.1/8 Sales and Service Anna Nagar Division Tamil Nadu Housing Board Thirumangalam, Chennai-600 101. 6. Deputy Commissioner of Police Anna Nagar Police District O/o. K-4, Police Station Anna Nagar, Chennai-600 040. ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents to remove the encroachments made at Survey Nos.269/1 Part, 273/1 Part and 253/1 Part in T.S.No.Ward-I, Block 40, Chennai Corporation Division Nos.88 & 89, within a stipulated period as order of this Hon'ble Court by considering the petitioner's representation dated 02.06.2024. For Petitioner : Mr.P.V.Selvakumar For Respondents : Mr.T.K.Saravanan Additional Government Pleader for R1 & R2 Mr.D.Veerasekaran Standing Counsel, for R3 to R5 Mr.S.Santhosh Government Advocate, for R6 *****