High Court · 2025

WMP No. 5497 of 2025 in WP No. 33832 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 18-03-2025CORAMTHE HONOURABLE MR JUSTICE M. SUNDARANDTHE HONOURABLE MR.JUSTICE K.RAJASEKARWMP No. 5497 of 2025inWP No. 33832 of 20241. G.BabuS/o.P.Govindharaj, No.4/2, Balaji Nagar Extension, Kodugaiyur, Chennai-118 ... Petitioner .Vs1. The District CollectorChennai District, No.62, 4th Floor, Rajaji Salai, Beach Road George Town, Chennai-600 001.2.The CommissionerHindu Religious And Charitable Endowments Department, No.119, Mahatma Gandhi Salai, Thousand Lights, Nungambakkam, Chennai-600 034.Page 1 of 12 https://www.mhc.tn.gov.in/judis WMP No. 5497 of 2025 in WP No. 33832 of 20243.The Chief Minister Cell Special Department,Secretariat, Chennai-600 009.4.The Corporation CommissionerGreater Chennai Corporation, Ribbon Building Perimet, Chennai-600 003.5.The Executive EngineerGreater Chennai Corporation, Zone-4 No.226, Tondiarpet High Road, Chennai-600 021.6.RAJUDoor No.5, 3rd Cross Street, Solaiamman Kovil (Based on Chennai Corporation Property Tax Record) 3rd Street, Koyyathoppu Block No.3, Kodugaiyur, Chennai-600 1187.JAYAW/o.Raju, Door No.5, 3rd Cross Street, Solaiamman Kovil (Based On Chennai Corporation Property Tax Record) 3rd Street, Koyyathoppu Block No.3, Kodugaiyur, Chennai-600 118 ... Respondent(s)PRAYER: To modify the order dated 19.11.2024 passed in WP.No. 33832 of 2024 in Para No.11 by directing the jurisdictional Divisional Monitoring Committee headed by Revenue Divisional Officer, Chennai Central to examine if there is any encroachment qua said land and if it Page 2 of 12 https://www.mhc.tn.gov.in/judis WMP No. 5497 of 2025 in WP No. 33832 of 2024comes to the conclusion that there is an encroachment, the encroachment has to be reported for further action and removal within a period of 4 weeks.For Petitioner:Mr. V.BalasubramaniFor Respondents: Mr.T.K.Saravanan Additional Government Pleader for R1 and R3Mr.N.R.R.Arun NatarajanSpecial Govt. Pleader (HR &CE)for R2Mr.A.C.Mani Bharathifor R4 and R5ORDER(Order of the Court was made by M.Sundar J.)Captioned 'Writ Miscellaneous Petition' has been filed with a modification prayer qua order dated 19.11.2024 made in W.P.No.33832 of 2024, which reads as follows:'IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 19.11.2024Page 3 of 12 https://www.mhc.tn.gov.in/judis WMP No. 5497 of 2025 in WP No. 33832 of 2024CORAMTHE HONOURABLE MR.JUSTICE M.SUNDAR andTHE HONOURABLE MR.JUSTICE K.RAJASEKAR W.P.No.33832 of 2024Mr.G.BabuS/o.P.Govindharaj... PetitionerVs.1.The District CollectorChennai District No.62, 4th Floor, Rajaji SalaiBeach Road, George TownChennai – 600 0012.The CommissionerHindu Religious and Charitable Endowments Department No.119, Mahatma Gandhi SalaiThousand Lights, NungambakkamChennai – 600 0343. The Chief Minister Cell Special DepartmentSecretariatChennai – 600 0094.The Corporation CommissionerGreater Chennai CorporationRibbon Building, PerimetChennai – 600 0035. The Executive Engineer Greater Chennai CorporationZone-4, No.226Tondiarpet High RoadPage 4 of 12 https://www.mhc.tn.gov.in/judis WMP No. 5497 of 2025 in WP No. 33832 of 2024Chennai – 600 0216.Mr.Raju7.Mrs.Jaya ... RespondentsWrit Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing respondents 1 to 5 to consider the representations of the petitioner dated 16.09.2024 and 25.09.2024 and direct the respondents 1 to 5 to remove the temple run by the 6th and 7th respondents by occupying the public road illegally and unauthorizedly by fixing a stipulated time. For Petitioner : Mr.V.BalasubramaniFor Respondents:Mr.M.S.ArasakumarGovernment Advocate for R1 & R3Mr.N.R.R.Arun NatarajanSpl. Govt. Pleader (HR & CE) for R2Mr.A.C.Mani Bharathifor R4 and R5O 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].2. Mr.V.Balasubramani, learned counsel on record for writ petitioner is before us.3. Adverting to representations from the writ petitioner dated 16.09.2024 and 25.09.2024, learned counsel for writ petitioner submitted that there is alleged encroachment in 'public Page 5 of 12 https://www.mhc.tn.gov.in/judis WMP No. 5497 of 2025 in WP No. 33832 of 2024road in Block No.3, Koyyathoppu, 3rd Street, Kodungaiyur, Chennai – 600 118' [hereinafter 'said public road' for the sake of convenience and clarity] by R6 and R7 before us. To be noted, R6 and R7 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 R5) and putting in a safety valve / adequate protection qua alleged encroachers i.e., R6 & R7.5. Issue notice to official respondents i.e., R1 to R5.6. Mr.M.S.Arasa Kumar, learned Government Advocate accepts notice for R1 and R3, Mr.N.R.R.Arun Natarajan, learned Special Government Pleader (HR & CE) accepts notice for R2 and Mr.A.C.Mani Bharathi, learned counsel accepts notice for R4 and R5. 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.8. It was submitted by learned State counsel 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 Page 6 of 12 https://www.mhc.tn.gov.in/judis WMP No. 5497 of 2025 in WP No. 33832 of 2024constituted 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 Revenue Divisional Officer, Chennai Central, in the light of 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 (R6 & R7) before taking a call. In this regard, 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 Page 7 of 12 https://www.mhc.tn.gov.in/judis WMP No. 5497 of 2025 in WP No. 33832 of 2024G.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). 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. 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.'Page 8 of 12 https://www.mhc.tn.gov.in/judis WMP No. 5497 of 2025 in WP No. 33832 of 20242. Mr.V.Balasubramani, learned counsel for WMP petitioner submits that there is inaction on the part of Divisional Monitoring Committee.3. Mr.N.R.R.Arun Natarajan, learned Special Government Pleader (HR & CE) for R2, Mr.A.C.Mani Bharathi, learned counsel for R4 and R5 (Greater Chennai Corporation) and Mr.T.K.Saravanan, learned Additional Government Pleader for R1 and R3 are before us.4. Mr.T.K.Saravanan, learned Additional Government Pleader submits, on instructions, that some delay has occurred owing to bifurcation of territorial limits and the matter is now with the Divisional Monitoring Committee headed by Revenue Divisional Officer (North). Learned State counsel submits, on instructions, that the monitoring committee will commence the process of issuing notices to all concerned within one week from today i.e., by 25.03.2025 and conclude its proceedings within 12 weeks therefrom i.e., by 17.06.2025. This submission is recorded and this Court makes it clear that this submission Page 9 of 12 https://www.mhc.tn.gov.in/judis WMP No. 5497 of 2025 in WP No. 33832 of 2024shall be treated as an undertaking given to the Court. 5. The instant order shall be read as an addenda to 19.11.2024 order in W.P.No.33832 of 2024, which has been reproduced supra.6. This Court is not passing any orders touching upon the rights of R6 and R7 (private respondents) much less adverse to R6 and R7. Therefore, notice to R6 and R7 in WMP is dispensed with. It is also made clear that all the rights and contentions of R6 and R7 as well as writ petitioner will remain preserved when they are visited with notice and in the proceedings before Divisional Monitoring Committee.7. As this is a case where learned State counsel submits that there has been some delay on the part of monitoring committee owing to bifurcation, we entertain this modification petition. Therefore, it is made clear that this order in captioned modification petition will not serve as a precedent. Page 10 of 12 https://www.mhc.tn.gov.in/judis WMP No. 5497 of 2025 in WP No. 33832 of 20248. Captioned WMP disposed of as closed recording the aforementioned stated position of learned State counsel. There shall be no order as to costs. [M.S.,J.] [K.R.S.,J.] 18-03-2025gpaTo1.The District CollectorChennai DistrictNo.62, 4th Floor, Rajaji SalaiBeach Road, George TownChennai – 600 0012.The CommissionerHindu Religious and Charitable Endowments Department No.119, Mahatma Gandhi SalaiThousand Lights, NungambakkamChennai – 600 0343. The Chief Minister Cell Special DepartmentSecretariat, Chennai – 600 0094.The Corporation CommissionerGreater Chennai CorporationRibbon Building, PerimetChennai – 600 0035. The Executive Engineer Greater Chennai CorporationZone-4, No.226, Tondiarpet High RoadChennai – 600 0216. The Revenue Divisional Officer Chennai CentralPage 11 of 12 https://www.mhc.tn.gov.in/judis WMP No. 5497 of 2025 in WP No. 33832 of 2024M.SUNDAR, J.,andK.RAJASEKAR, J., gpa7. The Revenue Divisional Officer Chennai NorthWMP No. 5497 of 2025inWP No. 33832 of 202418.03.2025Page 12 of 12