IMPORTANT POINT
The court established that the State has a constitutional duty to protect public lands and the rights of citizens against encroachments, and that proper procedures must be followed to address such issues effectively.

ORDER :

S.M.SUBRAMANIAM, J.

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to consider the petitioner's representation dated 31.08.2023 and remove the encroachment in Survey No.350 situated in Eriyodu Village, Vedasandur Taluk and pass order within the stipulated period as fixed by this Court.

The lis on hand has been instituted to direct the 2nd respondent to consider the representation submitted by the writ petitioner dated 31.08.2023 and to remove the encroachment in Survey No.350 situated at Eriyodu Village, Vedasandur Taluk.

2.The petitioner states that he had purchased the land in Survey No.352/1A2 to an extent of 2.43 Ares at Eriyodu Village, Vedasandur Taluk in the year 2017 and the same was registered vide Document No.2584 / 2017 on the file of the Sub Registrar, Vada Madurai. Patta also stands in the name of the petitioner. The petitioner constructed a residential house and residing there for the past 5 years without any hindrance. On the eastern side of the land belonging to the petitioner, the State Highways Road is situated in Survey No.350 and the respondents 4 and 5 have encroached upon the State Highways land, thereby preventing ingress and egress of the petitioner to reach the road.

3.Numerous petitions have been instituted by the aggrieved persons to remove the encroachments in State Highways Roads, water bodies and in public streets. Such representations are not seriously considered by the competent authorities, which result in filing of the Writ Petitions before the High Court, seeking a direction to remove the encroachments. Such Writ Petitions are mounting and we are of the opinion that the Government Orders issued for eviction of encroachments have not been followed, despite the fact that the procedures are contemplated under the statutes and rules in force.

4.The Government originally issued G.O.(Ms)No.540, Revenue [LD6(2)] Department, dated 04.12.2014 and formed committees to dispose of the grievances relating to the eviction of encroachment in Government lands. The said Government Order was issued pursuant to the order of the High Court of Madras in W.P.No.26722 of 2013 dated 08.10.2014. Subsequently, the Division Bench of Madras High Court at Madurai Bench in W.P.(MD)No.15917 of 2015, dated 02.09.2015 passed an order. Superseding earlier Government Order issued in G.O.(Ms)No.540, recently, the Government issued G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, 'LD.6(2)' Section, dated 08.02.2022. Monitoring Committees are constituted. The Divisional Monitoring Committee has been constituted appointing Revenue Divisional Officer concerned as Chairperson / Convenor along with members. The District Monitoring Committee has been constituted appointing District Collector concerned as Chairperson along with members. The State Steering Committee is constituted headed by the Chief Secretary to Government along with members from various departments including Police and Highways Department. The Committee will convene once in a month and the issues will be taken up for discussion along with all Secretaries Meeting. The Committees constituted by the Government are expected to act in a meaningful manner, so as to redress the grievance of the aggrieved persons sending representations to remove the encroachments from Highways, water bodies and Government Poramboke lands etc.

5.Writ petitions filed challenging the show cause notices are not entertainable, unless such show cause notices have been issued by an incompetent authority having no jurisdiction or tainted with the allegation of mala fides. Persons, receiving show cause notices regarding removal of encroachments, are at liberty to submit their objections / explanations along with the documents, if any, enabling the competent authority to decide the issues on merits and in accordance with law and proceed thereafter.

6.If any person is aggrieved by the