Madras High Court
R. Ponnusamy vs The Commissioner on 17 June, 2025
Author: M.Sundar
Bench: M.Sundar
W.P.No.21314 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.06.2025
CORAM
THE HONOURABLE MR. JUSTICE M.SUNDAR
and
THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR
W.P.No.21314 of 2025
R. Ponnusamy Petitioner
vs.
1. The Commissioner
Commissionerate of Land and Survey
PWD Estate, Chepauk
Chennai 600 005
2. The Inspector General of Registration
Registration Department
No.100, Santhome High Road
Chennai 600 028
3. The District Collector
O/o.The Collector
Nallipalayam Post
Namakkal District 637 003
4. The Superintendent of Police
District Police Office
Nallipalayam Post
Namakkal District 637 003
5. The District Revenue Officer
O/o. The Collector
Nallipalayam Post
Namakkal District 637 003
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W.P.No.21314 of 2025
6. The Revenue Divisional Officer
Paramathi Road
Thiruchengodu Post & Taluk
Namakkal District 637 211
7. The Assistant Director
Town and Country Planning Office
Paramathi Road
Namakkal 637 001
8. The Sub-Registrar
Paramathi Registrar Office
Paramathi Post
Namakkal District 637 207
9. The Tahsildar
Paramathi Velur Taluk Office
Padamudipalayam
Namakkal 638 182
10. The Block Development Officer
Kabilarmalai Union Office
Kabilarmalai Post
Paramathi-Velur Taluk
Namakkal 637 204
11. The Sub Inspector of Police
Jaderpalayam Police Station
Namakkal district 637 213
12. The Village Administrative Officer
Kabilarkurichi Village
Kabilarmalai Post
Paramathi Velur
Namakkal 637 204
13. Kulanthiasamy
14. Rajkumar Respondents
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W.P.No.21314 of 2025
Writ Petition filed under Article 226 of the Constitution of India
seeking a writ of mandamus directing the respondents 1 to 12 to
consider the petitioner's representation dated 27.01.2025 and evict
the encroachers in the Government land in Kabilakurichi Village,
Namakkal District, Survey No.324/13 and pathway in Survey
No.324/14 within a stipulated period.
For petitioner Mr. M.K. Bhoopathy Rajan
For RR 1 & 2 Mr. T.K. Saravanan
Addl. Govt. Pleader
For RR 4-9 & 11 Mr. S. Santhosh
Govt. Advocate (Crl. Side)
For R10 Ms. P. Raja Rajeswari
For R12 Mr. U. Baranidharan
Special Government Pleader
ORDER
[made by M.SUNDAR, J.] This order will now dispose of the captioned 'writ petition' ['WP' for the sake of brevity].
2. Mr. M.K. Bhoopathy Rajan, learned counsel on record for writ petitioner, is before us.
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3. Adverting to a representation dated 27.01.2025 from the writ petitioner, learned counsel for writ petitioner, submitted that there are alleged encroachments in 'Government land in S.No.324/13 and pathway in S.No.324/14, in Kabilakurichi Village, Namakkal District' [hereinafter 'said lands' for the sake of convenience and clarity] by RR 13 and 14. To be noted, RR 13 and 14 are private respondents.
4. Considering the facts and circumstances of the case in juxtaposition with 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 puts in place a removal of encroachment procedure inter alia giving opportunity to alleged encroachers, we are of the view that the captioned WP can be disposed of by ordering notice to official respondents (RR 1 to 12) and putting in a safety valve / adequate protection qua alleged encroachers i.e. RR 13 and 14.
5. Issue notice to official respondents, i.e., RR 1 to 12.
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6. Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for RR 1 and 2, Ms. P. Rajarajeswari, learned counsel, accepts notice for R10, Mr. S. Santhosh, learned Government Advocate (Crl. Side), accepts notice for RR 4 to 9 and 11 and Mr.U.Baranidharan, learned Special Government Pleader, accepts notice for R12.
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, captioned WP was taken up.
8. It was submitted by learned State counsel that said GO 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 R6 qua said GO.
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10. We direct the jurisdictional Divisional Monitoring Committee to examine if there is encroachment qua said lands.
11. 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). 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.
The entire exercise shall be completed within a period of 14 weeks from today i.e., by 23.09.2025.
12. 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.
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13. 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.
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.) (H.C., J.)
17.06.2025
cad
Index: Yes/No
N.C. : Yes/No
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W.P.No.21314 of 2025
To
1. The Commissioner
Commissionerate of Land and Survey PWD Estate, Chepauk Chennai 600 005
2. The Inspector General of Registration Registration Department No.100, Santhome High Road Chennai 600 028
3. The District Collector O/o.The Collector Nallipalayam Post Namakkal District 637 003
4. The Superintendent of Police District Police Office Nallipalayam Post Namakkal District 637 003
5. The District Revenue Officer O/o.The Collector Nallipalayam Post Namakkal District 637 003
6. The Revenue Divisional Officer Paramathi Road Thiruchengodu Post & Taluk Namakkal District 637 211
7. The Assistant Director Town and Country Planning Office Paramathi Road Namakkal 637 001 Page Nos.8/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 04:28:10 pm ) W.P.No.21314 of 2025
8. The Sub-Registrar Paramathi Registrar Office Paramathi Post Namakkal District 637 207
9. The Tahsildar Paramathi Velur Taluk Office Padamudipalayam Namakkal 638 182
10. The Block Development Officer Kabilarmalai Union Office Kabilarmalai Post Paramathi-Velur Taluk Namakkal 637 204
11. The Sub Inspector of Police Jaderpalayam Police Station Namakkal district 637 213
12. The Village Administrative Officer Kabilarkurichi Village Kabilarmalai Post Paramathi Velur Namakkal 637 204 Page Nos.9/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 04:28:10 pm ) W.P.No.21314 of 2025 M.SUNDAR, J.
and HEMANT CHANDANGOUDAR, J.
cad W.P.No.21314 of 2025 17.06.2025 Page Nos.10/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 04:28:10 pm )