Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.02.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI Mr.Jothi Jeyakumar ... Petitioner Vs. 1.The District Collector, Chennai Collectorate Office, Singaranvelanmaligai, Rajaji Salai, Chennai - 600 001.
2. The Commissioner, The Greater Chennai Corporation, Rippon Building, Chennai - 600 003.
3. The Executive Engineer, Greater Corporation of Chennai, Zone-3 Madhavaram, 380, Bazaar St, Rajaji Nagar, Madhavaram, Chennai, Tamil Nadu - 600 060.
4. The Thasildhar, Gandhi Main Road, Puzhal, Madhavaram Taluk, Madhavaram, Chennai - 600 060. Page Nos.1/9
5. The Head Surveyor, Gandhi Main Road, Puzhal, Madhavaram Taluk, Madhavaram, Chennai - 600 060.
6. The Area Engineer, Greater Corporation of Chennai, Zone - 3, Madhavaram, 380, Bazaar St, Rajaji Nagar, Madhavaram, Chennai - 600 060.
7. Mr.Perumal Sri Arulmigu Lakshmi Ganapathi Temple, No.4, R.D.S.Avenue, Kanchi Nagar Ex., Vinayagapuram, Puzhal, Chennai - 600 099.
8. Mrs.Geetha Sri Arulmigu Lakshmi Ganapathi Temple, No.4, R.D.S. Avenue, Kanchi Nagar Ex., Vinayagapuram, Puzhal, Chennai - 600 099 ... Respondents
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct respondents 1 to 6 to take necessary steps to remove the encroachments made by respondents 7 and 8 in the writ petition made on the “Govt Road Land”, R.D.S Avenue, Kanchi Nagar Ex., Vinayagapuram, Puzhal, Chennai - 600 099 by considering the petitioner's representation dated 19.11.2024 and enable the village people to access the said R.D.S.Avenue Kanchi Nagar Ex in New Survey Number 81-10 & Old Survey Number 1450/1, Patta No.261 which is located in Chennai
Page Nos.2/9 District, Madhavaram Taluk, Vinayagapuram, Puzhal Village to reach the Chennai - Thiruvallur NH Road. For Petitioner : Mr.M.Vinoth for Mr.M.P.Saravanan For Respondents : Mr.T.K.Saravanan, Additional Government Pleader for R1,R4 & R5 Mr.D.B.R.Prabhu Standing counsel for R2, R3 & R6
ORDER
[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of the captioned 'Writ Petition' [hereinafter 'WP' for the sake of brevity].
2. Mr.M.Vinoth, learned counsel representing Mr.M.P.Saravanan, counsel on record for writ petitioner is before us.
3. Adverting to representation dated 19.11.2024, Mr.M.Vinoth,
learned counsel representing the counsel on record for writ petitioner submitted that there is alleged encroachment in Government Road in 'Survey Number 81-10 & Old Survey Number 1450/1, Patta No.261, Page Nos.3/9 R.D.S Avenue, Kanchi Nagar Extension. Vinayagapuram, Puzhal, Chennai - 600 099' [hereinafter 'said land' for the sake of convenience and clarity] by R7 and R8. To be noted, R7 and R8 are private respondents.
4. Considering the obtaining position, we are of the view that the
captioned WP can be disposed of by ordering notice to respondents (R1 to R6) and putting in a safety valve / adequate protection qua alleged encroachers i.e., R7 and R8.
5. Issue notice to official respondents i.e., R1 to R6.
6. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for R1, R4 and R5 and Mr.D.B.R.Prabhu, learned Standing counsel accepts notice for R2, R3 and R6.
7. In the light of what has been alluded to supra and considering the limited scope of the captioned WP, with the consent of both sides, main WP was taken up. Page Nos.4/9
8. It was submitted by learned Additional Government Pleader
that G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022 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.
9. In 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 Divisional Office, Puzhal, North Chennai, qua G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022.
10. This Court directs the jurisdictional Divisional Monitoring
Committee to examine if there is encroachment qua said land. The Divisional Monitoring Committee shall also ensure that adequate and ample opportunity is given to persons concerned more particularly alleged encroachers (R7 and R8) before taking a call. In this regard, Page Nos.5/9 we are acutely conscious that the matter is being disposed of in Admission Board without notice to alleged encroachers and therefore, this safety valve is put in place. 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 its own merits and in accordance with law untrammelled by this proceedings in this Court.
11. The Divisional Monitoring Committee qua G.O.(Ms)No.64,
Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022, shall (if it comes to the conclusion that there is encroachment) report the encroachment for further action (for removal of encroachment which again shall be after giving adequate and ample opportunity to alleged encroachers). The entire exercise shall be completed within a period of twelve weeks from today i.e., by 09.05.2025.
12. It is open to the WP 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 are any change of circumstances. Page Nos.6/9
13. We 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.
14. Captioned 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.) (K.G.T.,J.) 14.02.2025 Index : Yes / No Neutral Citation : Yes / No mmi Page Nos.7/9 To 1.The District Collector, Chennai Collectorate Office Singaranvelanmaligai Rajaji Salai, Chennai - 600 001
2. The Commissioner The Greater Chennai Corporation Rippon Building Chennai - 600 003.
3. The Executive Engineer Greater Corporation of Chennai Zone-3 Madhavaram 380, Bazaar St, Rajaji Nagar, Madhavaram Chennai, Tamil Nadu - 600 060.
4. The Thasildhar S/o.Periyamunusamy Chetty Gandhi Main Road, Puzhal Madhavaram Taluk, Madhavaram Chennai - 600 060.
5. The Head Surveyor Gandhi Main Road, Puzhal Madhavaram Taluk, Madhavaram Chennai - 600 060.
6. The Area Engineer Greater Corporation of Chennai Zone - 3, Madhavaram 380, Bazaar St, Rajaji Nagar Madhavaram, Chennai - 600 060.
7. The Revenue Divisional Officer Revenue Divisional Office Puzhal, North Chennai. Page Nos.8/9 M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mmi 14.02.2025 Page Nos.9/9