High Court · 2025

W.P.No.3904 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 10.02.2025CORAMTHE HONOURABLE MR.JUSTICE M.SUNDAR andTHE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADIW.P.No.3904 of 2025R.SenthilkumarS/o.Ramasamy... Petitioner vs1.The District Collector Office of the District Collector NamakkalNamakkal District – 637 0012. The District Revenue OfficerOffice of the District Revenue OfficerNamakkalNamakkal District – 637 0013. The Revenue Divisional OfficerOffice of the Revenue Divisional OfficerNamakkalNamakkal District – 637 0014. The TahsildarOffice of the TahsildarRasipuram TalukNamakkal District – 637 408Page Nos.1/9 https://www.mhc.tn.gov.in/judis W.P.No.3904 of 20255. The Village Administrative Officer Office of the Village Administrative Officer Pattanam Muniyappanpalayam Village Rasipuram Taluk Namakkal District – 637 4076. The Block Development Officer Office of he Block Development Officer Rasipuram Panchayat Union Namakkal District – 637 4087. The Village Panchayat President Pattanam Muniyappanpalayam Village Rasipuram Taluk Namakkal District – 637 4078. P.Selvaraj S/o.Palaniappa Gounder9. S.Alagesan S/o.Sengoda Gounder10. Sengoda Gounder11.S.Raji S/o.Sengoda Gounder12. S.Suresh S/o.Subramani... RespondentsWrit Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 7 to take necessary steps against encroachers who are 8 to 12 herein and to retrieve Page Nos.2/9 https://www.mhc.tn.gov.in/judis W.P.No.3904 of 2025the wing of Perumpalli Oodai situated in Pudur Malayalapatti Village, Pattanam Muniyappanpalayam Revenue Village, Rasipuram Taluk, Namakkal District – 637 407 from the encroachments within a specified period fixed by this Court by considering the last representation of the petitioner dated 19.09.2024.For Petitioner : Mr.M.KavikannanFor Respondents:Mr.T.K.SaravananGovernment Advocate for R1 to R7O 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.M.Kavikannan, learned counsel on record for writ petitioner is before us.Page Nos.3/9 https://www.mhc.tn.gov.in/judis W.P.No.3904 of 20253. Adverting to a representation dated 19.09.2024, learned counsel for writ petitioner submitted that there is alleged encroachment in 'Perumpalli Oodai situated in S.Nos.18, 19, 32 and 33 in Pudur Malayalapatti Village, Pattanam Muniyappanpalayam Revenue Village, Rasipuram Taluk, Namakkal District – 637 407' [hereinafter 'said land' for the sake of convenience and clarity] by R8 to R12 before us. To be noted, R8 to R12 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 official respondents (R1 to R7) and putting in a safety valve / adequate protection qua alleged encroachers i.e., R8 to R12.5. Issue notice to official respondents i.e., R1 to R7.6. Mr.T.K.Saravanan, learned Government Advocate, accepts notice for R1 to R7. Page Nos.4/9 https://www.mhc.tn.gov.in/judis W.P.No.3904 of 20257. 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 Government Advocate 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, Namakkal District, the third respondent herein, 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 Page Nos.5/9 https://www.mhc.tn.gov.in/judis W.P.No.3904 of 2025encroachers (R8 to R12) 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 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 05.05.2025.12. 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 https://www.mhc.tn.gov.in/judis W.P.No.3904 of 202513. 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.) 10.02.2025Index : Yes / NoNeutral Citation : Yes / NoSpeaking / Non-speaking ordergpaPage Nos.7/9 https://www.mhc.tn.gov.in/judis W.P.No.3904 of 2025To1.The District Collector Office of the District Collector NamakkalNamakkal District – 637 0012. The District Revenue OfficerOffice of the District Revenue OfficerNamakkalNamakkal District – 637 0013. The Revenue Divisional OfficerOffice of the Revenue Divisional OfficerNamakkalNamakkal District – 637 0014. The TahsildarOffice of the TahsildarRasipuram TalukNamakkal District – 637 4085. The Village Administrative Officer Office of the Village Administrative Officer Pattanam Muniyappanpalayam Village Rasipuram Taluk Namakkal District – 637 4076. The Block Development Officer Office of he Block Development Officer Rasipuram Panchayat Union Namakkal District – 637 4087. The Village Panchayat President Pattanam Muniyappanpalayam Village Rasipuram Taluk Namakkal District – 637 407Page Nos.8/9 https://www.mhc.tn.gov.in/judis W.P.No.3904 of 2025M.SUNDAR, J.,andK.GOVINDARAJAN THILAKAVADI, J.,gpa W.P.No.3904 of 202510.02.2025Page Nos.9/9