J.Jothimani v. Namakkal 637 003.3.The Revenue Inspector

W.P.No.39915 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 24.01.2025CORAMTHE HONOURABLE MR.JUSTICE M.SUNDAR andTHE HONOURABLE MR.JUSTICE K.RAJASEKARW.P.No.39915 of 2024J.Jothimani... PetitionerVs.

The District Collector, Collectorate, Thiruchengodu Road, Namakkal 637 003.

The District Revenue Officer, Namakkal 637 003.

The Revenue Inspector, Moganoor Road, Thillaipuram, Namakkal – 637 001.

The Thasildhar, Rasipuram 637 408.

Marayi6.Kartheesan7.Subramani8.Sumithra9.Subramani10.Mathivanan... RespondentsPage Nos.1/9 https://www.mhc.tn.gov.in/judis W.P.No.39915 of 2024 Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing respondents 1 to 4 to remove the encroachments in subject cart track which is of 40 ft in length, situated in the Government poromboke lands in Karkoodalpatti Bit 1 Village, in Sy.No. 136/1A and 137/1 pursuant to orders passed by the 2nd respondent dated 10.08.2020, in Proceedings Mu.Mu.2824/2020/S5, within a time frame fixed by this Court. For Petitioner : Ms.P.Veena SureshFor Respondents: Mr.M.S.Arasakumar, Government Advocate for R1 to R4ORDER[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. Ms.P.Veena Suresh, learned counsel on record for writ petitioner is before us. Page Nos.2/9 https://www.mhc.tn.gov.in/judis W.P.No.39915 of 20243. Adverting to representation dated 13.02.2024, Ms.P.Veena Suresh, learned counsel for writ petitioner submitted that there is alleged encroachment in 'Survey Nos.136/1A and 137, Karkoodalpatti Bit 1 Village, Rasipuram Taluk, Namakkal District' [hereinafter 'said land' for the sake of convenience and clarity] by R5 to R10 before us. To be noted, R5 to R10 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 R4) and putting in a safety valve / adequate protection qua alleged encroachers i.e., R5 to R10.5. Issue notice to official respondents i.e., R1 to R4.

Mr.M.S.Arasakumar, learned Government Advocate accepts notice for R1 to R4.

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, Page Nos.3/9 https://www.mhc.tn.gov.in/judis W.P.No.39915 of 2024main WP was taken up.

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.

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, Mohanur Road, Namakkal - 637 001, qua G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022.

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 Page Nos.4/9 https://www.mhc.tn.gov.in/judis W.P.No.39915 of 2024alleged encroachers (R5 to R10) 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.

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 21.04.2025.

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 Page Nos.5/9 https://www.mhc.tn.gov.in/judis W.P.No.39915 of 2024similar / same prayer if there are any change of circumstances.

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.

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.R.S.,J.) 24.01.2025Index : Yes / NoNeutral Citation : Yes / NommiTo1.The District Collector, Collectorate, Thiruchengodu Road, Namakkal 637 003. Page Nos.6/9 https://www.mhc.tn.gov.in/judis W.P.No.39915 of 20242.The District Revenue Officer, Namakkal 637 003.3.The Revenue Inspector, Moganoor Road, Thillaipuram, Namakkal – 637 001.4.The Thasildhar, Rasipuram 637 408.5. The Revenue Divisional Officer, Mohanur Road, Namakkal - 637 001. Page Nos.7/9 https://www.mhc.tn.gov.in/judis W.P.No.39915 of 2024M.SUNDAR, J.,andK.RAJASEKAR, J.,mmiW.P.No.39915 of 2024 Page Nos.8/9 https://www.mhc.tn.gov.in/judis W.P.No.39915 of 202424.01.2025Page Nos.9/9