Chinthamani v. The District Collector

M.SUNDAR,J., and K.GOVINDARAJAN THILAKAVADI, J., (Order of the Court was made by M.SUNDAR, J.) Captioned writ petition was disposed of by this Court in and by an order dated 23.01.2025. In and vide paragraph 9 of our 23.01.2025 order, we had requisitioned a compliance report from R1. Therefore, captioned matter is listed today under the cause list caption 'FOR REPORTING COMPLIANCE'.

2. Today Mr.S.Kamadevan, learned counsel for writ petitioner and Mr.T.K.Saravanan, learned Additional Government Pleader for official respondents (R1 to R4) are before us.

3. Learned State counsel submits that on 10.03.2025, the officials went over to the site and measured and marked the encroachments but the private respondents and/or other encroachers came forward on their own volition to remove the encroachments and the process is underway. In support of this submission, learned State counsel has placed before us five photographs all taken on 10.03.2025 at around noon. Learned State counsel requests for further time for report from R1.

4. In the aforementioned scenario, learned counsel for writ petitioner on instructions submits that the encroachment is in road

margin, it is by way of putting up asbestos sheets as protrusions in front of existing houses and by laying cement concrete floors. Now only the aerial projections (asbestos sheets) have been removed but the same have been kept in the same place with the intention of putting them up again once a complete closure is given to the above matter.

5. Responding to the above submission, learned State counsel submits that the pillars on which the asbestos sheets were resting are also being removed, the cement floor will also be removed and the road margin will be clearly marked and indicated. After completing this exercise, a comprehensive report from R1 will be placed before this Court is learned State counsel's say. This submission is recorded.

6. Learned State counsel requests for a fortnight time. Request acceded to.

7. List under the cause list caption 'FOR REPORTING COMPLIANCE/FOR REPORT' two weeks hence. List on 27.03.2025. (M.S.J.) (K.G.T.J.) 13.03.2025 mmi

M.SUNDAR,J., and K.GOVINDARAJAN THILAKAVADI, J., mmi W.P. No.1703 of 2025 13.03.2025