Madrasdated High Court · 2025

W.P.Nos.10646 of 2023 and 3147 of 2024For Petitioner(s) : Mr.K.Venkateswaranfor Mr.D.Parthibanin W.P.No.10646 of 2023Mr.K.Venkateswaranfor Mr.K.Yuvarajin W.P.No.3147 of 2024For Respondents : Mr.T.K.Saravanan,Additional Government Pleaderfor R1 to R4, R6 and R7in both WPsMr.E.C.Ramesh,Standing Counsel for R5in both WPsCOMMON ORDER [Order of the Court was made by M.SUNDAR, J.]This common order will now dispose of the captioned 'Writ Petitions' ['WPs' for the sake of brevity].2. 'W.P.No.10646 of 2023' (hereinafter 'I WP' for the sake of brevity) has been filed with Removal of Encroachment (RoE) prayer and 'W.P.No.3147 of 2024' (hereinafter 'II WP' for the sake of brevity) has been filed with a prayer to protect writ petitioner's possession. 3. Subject matter of I WP is 07.11.2022 representation and adverting to this 07.11.2022 representation, Mr.K.Venkateswaran, learned counsel representing the counsel on record for writ 6/15 https://www.mhc.tn.gov.in/judis W.P.Nos.10646 of 2023 and 3147 of 2024petitioners in I WP submitted that there is alleged encroachment in the following survey numbers in Korattur Village, Chennai Corporation Zone VII, Ambattur Taluk, Chennai District:7/15 https://www.mhc.tn.gov.in/judis W.P.Nos.10646 of 2023 and 3147 of 20248/15 https://www.mhc.tn.gov.in/judis W.P.Nos.10646 of 2023 and 3147 of 2024Lands comprised in aforesaid survey numbers shall be referred to as 'I WP said lands' for the sake of convenience and clarity.4. Subject matter of II WP is 'lands measuring 0.125 square metres in Survey No 756 / 2A, New Survey No. 756 /2A2 Part T.S. No 11/1, Ward - E Block No 15 vide Patta RPT. No 11472 / 2013 in Korattur Village, Kallikuppam Madura, Chennai Corporation Zone 7, Ambattur Taluk, Old Thiruvallur District, Chennai District' (hereinafter 'II WP said lands' for the sake of convenience and clarity). 5. While writ petitioners in captioned WPs allege that private respondents/R8 and R9 are encroachers qua I WP said lands, one of the private respondents viz., R8 [Mr.Mannathan, S/o.Mr.Kanniyappan Naicker] had earlier filed a writ petition in W.P.No.26124 of 2021 alleging that second writ petitioner in I WP 9/15 https://www.mhc.tn.gov.in/judis W.P.Nos.10646 of 2023 and 3147 of 2024(Ms.Mohana, W/o.Late Mr.Pandiyan) is encroacher qua II WP said lands.6. As regards earlier writ petition being W.P.No.26124 of 2021, it came to be disposed of by another Hon'ble Division Bench by an order dated 08.12.2021, inter-alia directing the jurisdictional Revenue Divisional Officer to dispose of the representation dated 30.09.2021 within a time frame. Thereafter, a contempt petition being Cont.P.No.2382 of 2022 alleging violation of 08.12.2021 order in W.P.No.26124 of 2021 was filed. In the contempt petition, an Advocate Commissioner was appointed and the Advocate Commissioner has filed a report dated 07.08.2023. The contempt petition is pending.7. In the light of two sets of parties alleging each other to be encroachers qua Government lands, we deem it appropriate to resort to 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 has been put in place after the order dated 08.12.2021 in earlier writ petition in W.P.No.26124 of 2021 and also prior to filing of Cont.P.No.2382 of 2022(filed on 15.09.2022).10/15 https://www.mhc.tn.gov.in/judis W.P.Nos.10646 of 2023 and 3147 of 20248. This Court is acutely conscious that the private respondents/R8 and R9 in both the captioned WPs are not before this Court. We preserve all the rights and contentions of the private respondents/R8 and R9 in both captioned WPs when proceedings/enquiry vide said GO is kickstarted. It is made clear that this order will not impact the rights of the private respondents/R8 and R9 in any manner. On the contrary, it preserves all the rights and contentions of private respondents/R8 and R9 as alluded to earlier. Therefore, we dispense with notice to private respondents/R8 and R9 and take up the main WPs and dispose of the same.9. Considering the facts and circumstances of the case in juxtaposition with said GO which puts in place a removal of encroachment procedure inter-alia giving opportunity to alleged encroacher, we are of the view that the captioned WPs can be disposed of by putting in a safety valve / adequate protection qua alleged encroachers i.e., R8 and R9.10.It was submitted by learned State counsel that said GO has been put in place, wherein and whereby Divisional Monitoring 11/15 https://www.mhc.tn.gov.in/judis W.P.Nos.10646 of 2023 and 3147 of 2024Committee, District Monitoring Committee and State Steering Committee have been constituted inter alia for a single point reporting / monitoring system qua Government lands.11.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, Central Chennai Revenue Division, Chennai-01 qua said GO.12.This Court directs the jurisdictional Divisional Monitoring Committee to examine if there is encroachment qua I WP said lands and II WP said lands. 13.The 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 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. The entire exercise shall be completed within a period of 16 weeks from today i.e., by 21.10.2025.12/15 https://www.mhc.tn.gov.in/judis W.P.Nos.10646 of 2023 and 3147 of 202414.It is open to the writ petitioners 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.15.We make it clear that we have not expressed any view or opinion as to whether there is encroachment or not qua I WP said lands and II WP 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.16.Captioned WPs are 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.) 01.07.2025Index : Yes/NoNeutral Citation : Yes/Nommi13/15 https://www.mhc.tn.gov.in/judis W.P.Nos.10646 of 2023 and 3147 of 2024To1.The District Collector, Chennai District Collector Office, Chennai-1.2.The Chief Engineer, Public Works Department Water Resources Organization, Ezhilagam, Chepauk, Chennai-05.3.The Regional / Deputy Commissioner (North) Chennai Corporation, No.62, Basin Bridge Road, Chidambaram Nagar, Basin Bridge, Chennai-01.4.The Revenue Divisional Officer, Revenue Tribunal, Central Chennai Revenue Division, Chennai-01.5.The Zonal Officer, Zone VII, Chennai Corporation Office, Ambattur, Chennai-53.6.The Tahsildar, Ambattur Taluk Office, Ambattur, Chennai-53.7.The Assistant Commissioner of Police, Ambattur Police Range, Ambattur, Chennai-53.8.The Commissioner, Chennai Corporation, Ripon Building, Chennai - 600 003.9.The Commissioner of Police, Avadi Police Commissioner Office, Avadi, Chennai - 600 054.14/15 https://www.mhc.tn.gov.in/judis W.P.Nos.10646 of 2023 and 3147 of 2024M.SUNDAR, J.,andHEMANT CHANDANGOUDAR , J.,mmiW.P.No.10646 of 2023 and 3147 of 202401.07.202515/15