W.P.No.10 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.01.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.P.No.10 of 2025 J. Sudhakar Petitioner Vs. 1. The State of Tamil Nadu represented by the Collector Chengalpattu District Collectorate GST Road Chengalpattu 603 001 2. The District Revenue Officer VOC Nagar Ammanambakkam Chengalpattu District 603 001 3. The Revenue Divisional Officer Kadaperi Tambaram Chennai 600 045 4. The Tahsildar Vandalur Taluk Office Otteri Peerakankaranai Chennai 600 048 Page Nos.1/8 https://www.mhc.tn.gov.in/judis W.P.No.10 of 2025 5. Govindaraj 6. Ganapathy Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 4 to take immediate action against the encroachments made by forming hutments, dumping of waste materials and pumping of sewage and wastes in the demarcated waterways, watercourses in survey number 222A1, survey number 221 which is declared “Tharisu Land” and survey number 277 which is “Rudra Boomi” which is burial site as per Revenue records in Vandalur Village, Vandalur Taluk, Chengalpattu District and consequently, direct the respondents to consider the representations of the petitioner dated 26.07.2024 and 09.09.2024. For petitioner : Mr. V. Rajasekar For RR 1 to 4 : Mr. T.K. Saravanan Government Advocate Page Nos.2/8 https://www.mhc.tn.gov.in/judis W.P.No.10 of 2025 O R D E R [made by M.SUNDAR, J.] This order will now dispose of the captioned 'Writ Petition' ['WP' for the sake of brevity]. 2. Mr. V. Rajasekar, learned counsel on record for writ petitioner, is before us. 3. Adverting to representations dated 26.07.2024 and 09.09.2024 from the writ petitioner, learned counsel for writ petitioner submitted that there is alleged encroachment on waterways and watercourses in S.No.222A1, S.No. 221 which is declared “Tharisu Land” and S.No. 277 which is “Rudra Boomi” (burial site) as per Revenue records in Vandalur Village, Vandalur Taluk, Chengalpattu District [hereinafter 'said lands' for the sake of convenience and clarity] by respondents 5 and 6 before us. To be noted, respondents 5 and 6 are private respondents. Page Nos.3/8 https://www.mhc.tn.gov.in/judis W.P.No.10 of 2025 4. Considering the obtaining position, we are of the view that the captioned WP can be disposed of by ordering notice to official respondents (respondents 1 to 4) and putting in a safety valve / adequate protection qua alleged encroachers i.e., respondents 5 and 6. 5. Issue notice to official respondents, i.e., respondents 1 to 4. 6. Mr. T.K. Saravanan, learned Government Advocate, accepts notice for respondents 1 to 4. 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, 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 Page Nos.4/8 https://www.mhc.tn.gov.in/judis W.P.No.10 of 2025 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 third respondent in the light of 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 lands. The Divisional Monitoring Committee shall also ensure that adequate and ample opportunity is given to persons concerned, more particularly alleged encroachers (respondents 5 and 6) 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. Page Nos.5/8 https://www.mhc.tn.gov.in/judis W.P.No.10 of 2025 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). 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. 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. Page Nos.6/8 https://www.mhc.tn.gov.in/judis W.P.No.10 of 2025 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.R.S., J.) 06.01.2025 Index : Yes / No Neutral Citation : Yes / No cad Page Nos.7/8 https://www.mhc.tn.gov.in/judis W.P.No.10 of 2025 M.SUNDAR, J. and K.RAJASEKAR, J. cad To 1. The Collector Chengalpattu District Collectorate GST Road Chengalpattu 603 001 2. The District Revenue Officer VOC Nagar Ammanambakkam Chengalpattu District 603 001 3. The Revenue Divisional Officer Kadaperi Tambaram Chennai 600 045 4. The Tahsildar Vandalur Taluk Office Otteri Peerakankaranai Chennai 600 048 W.P.No.10 of 2025 06.01.2025 Page Nos.8/8 https://www.mhc.tn.gov.in/judis