High Court · 2025

W.P. No.9021 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 14.03.2025CORAM:THE HONOURABLE MR.JUSTICE M.SUNDAR andTHE HONOURABLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADIW.P.No.9021 of 2025K.M.PeriyasamyPetitionervs.1.The District CollectorCollectorate OfficeErode District2.The Revenue Divisional OfficerErode District3.The Project DirectorDistrict Rural Development AgencyErode4.The Superintendent Of PoliceErode5.S. Satish6.S. Yashwanth7.K. Subramani8.Roopa Mani9.K. Sivakumar10.K. RamasamyPage Nos.1/11 https://www.mhc.tn.gov.in/judis W.P. No.9021 of 202511.M. Arunachalam12.K. Mutanadar13.A. Kolanthasamy Gounder RespondentsWrit Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 4 to remove the encroachments made by the respondents 5 to 13 as found in Grama salai Poramboku (fpuhk rhiy g[wk;nghf;F) Survey Nos. 485, 488, 489 and 280 in Goundachipalayam Village, Perundurai Taluk, Erode District enabling the District Rural Development Agency to lay that road bearing Road No.R-56 which was sanctioned for a sum of Rs.85,46,000/- with adequate police protection by considering the petitioner's representation dated 17.02.2025 within a time frame.For petitionerMr. L.P. ShanmugasundaramFor RR 1 to 3Mr. T.K. SaravananAdditional Government PleaderFor R4Mr. E. Raj ThilakAdditional Public Prosecutor- - - - -Page Nos.2/11 https://www.mhc.tn.gov.in/judis W.P. No.9021 of 2025ORDER[made by M.SUNDAR, J.]This order will now dispose of the captioned 'writ petition' ['WP' for the sake of brevity].2.Mr. L.P. Shanmugasundaram, learned counsel on record for writ petitioner, is before us.3.At the outset, it is pertinent to point out that prayer in the captioned WP talks about four survey numbers i.e., Survey Nos. 485, 488, 489 and 280 and the prayer says that all four survey numbers are in Goundachipalayam Village, Perundurai Taluk, Erode District. The prayer, in turn, is predicated on last of a series of representations being representation dated 17.02.2025 sent by the writ petitioner (hereinafter 'said representation' for the sake of convenience and clarity). In said representation, four survey numbers are mentioned and they are 485, 488, 489 and 456.Page Nos.3/11 https://www.mhc.tn.gov.in/judis W.P. No.9021 of 20254.Mr.L.P.Shanmugasundaram, learned counsel for writ petitioner, submits that both are incorrect and errors have crept in qua writ petition prayer as well as said representation. On instructions, learned counsel on record for writ petitioner, submits that the writ petitioner is concerned only with Survey Nos.485, 488 and 489 in Goundachipalayam Village, Perundurai Taluk, Erode District and Survey No.280 in Kanagapuram Village, Modakuruchi Taluk, Erode District. In this regard, learned counsel on record for writ petitioner has made an endorsement in the case file and a scanned reproduction of the same is as follows:5.In the light of the narrative thus far, we make it clear that lands which are subject matter of captioned WP are, 'lands comprised in Survey Nos.485, 488 and 489 in Goundachipalayam Village, Page Nos.4/11 https://www.mhc.tn.gov.in/judis W.P. No.9021 of 2025Perundurai Taluk, Erode District and land comprised in Survey No.280 in Kanagapuram Village, Modakuruchi Taluk, Erode District'(hereinafter 'said lands' for the sake of convenience and clarity).To be noted, further proceeding will pertain to these four survey numbers only.6.Learned counsel for writ petitioner, adverting to said representation, submitted that there is alleged encroachment in said lands by RR 5 to 13 before us. To be noted, RR 5 – 13 are private respondents. Learned counsel further submitted that if encroachments are removed, a road can be laid for which sanction of funds has already been made.7.Considering the obtaining position, we are of the view that the captioned WP can be disposed of by ordering notice to official respondents (RR 1 - 4) and putting in a safety valve / adequate protection qua alleged encroachers i.e., RR 5 – 13.8.Issue notice to official respondents, i.e., RR 1 to 4.9.Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for RR 1 to 3 and Mr. E. Raj Thilak, learned Page Nos.5/11 https://www.mhc.tn.gov.in/judis W.P. No.9021 of 2025Additional Public Prosecutor, accepts notice for R4.10.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, captioned WP was taken up.11.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.12.In the light of the narrative thus far, we deem it appropriate to refer the matter to the Divisional Monitoring Committee headed by R2, viz., Revenue Divisional Officer, Erode, qua G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022.Page Nos.6/11 https://www.mhc.tn.gov.in/judis W.P. No.9021 of 202513.This Court directs the jurisdictional Divisional Monitoring Committee to examine if there is encroachment qua said lands. The Divisional Monitoring Committee shall also ensure that adequate and ample opportunity is given to persons concerned, more particularly alleged encroachers (RR 5 to 13) 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 their own merits and in accordance with law untrammelled by this proceedings in this Court.14.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 Page Nos.7/11 https://www.mhc.tn.gov.in/judis W.P. No.9021 of 2025shall be completed within a period of 12 weeks from today i.e., by 06.06.2025.15.It 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.16.We make it clear that we have not expressed any view or opinion as to whether there is encroachment or not qua said lands 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.17.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.)14.03.2025cadIndex:Yes/NoPage Nos.8/11 https://www.mhc.tn.gov.in/judis W.P. No.9021 of 2025NC:Yes/NoPage Nos.9/11 https://www.mhc.tn.gov.in/judis W.P. No.9021 of 2025To:1.The District CollectorCollectorate OfficeErode District2.The Revenue Divisional OfficerErode District3.The Project DirectorDistrict Rural Development AgencyErode4.The Superintendent Of PoliceErodePage Nos.10/11 https://www.mhc.tn.gov.in/judis W.P. No.9021 of 2025M.SUNDAR, J.andK. GOVINDARAJAN THILAKAVADI, J.cadW.P. No.9021 of 202514.03.2025Page Nos.11/11