S.R.Maruthachalam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2017

CORAM

The HON'BLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.SUNDAR W.P.No.9296 of 2017 S.R.Maruthachalam .. Petitioner vs.

1. The District Collector, Coimbatore District, Coimbatore.

2. The Tahsildar, Coimbatore North Taluk Office, Coimbatore.

.. Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents to take appropriate action by evicting the encroachers in the 50 cents of Government lands comprised in Survey Nos.530, 531 and 532 at Thudiyalur Village, Coimbatore District and preserve and protect the same for a common use. For Petitioner : Mr.A.Mohamed Ismail For Respondents : Mr.T.N.Rajagopalan Spl. Government Pleader

ORDER

(Order of the Court was made by M.Sundar, J.) This writ petition has been filed by the petitioner seeking a writ of mandamus directing the respondents to take appropriate action by evicting the alleged encroachers in the 50 cents of Government lands comprised in Survey Nos.530, 531 and 532 at Thudiyalur Village, Coimbatore District. There is a further limb of prayer to preserve and protect the same for common use.

2. When the matter last came up before us on 18.04.2017, Mr.R.Vijayakumar, learned Additional Government Pleader, who accepted notice on behalf of the respondents (District Collector and the jurisdictional Tahsildar) took time to get instructions. https://hcservices.ecourts.gov.in/hcservices/

3. Today when the matter is taken up, Mr.A.Mohamed Ismail represents the writ petitioner.

4. Mr.R.Vijayakumar, learned Additional Government Pleader drawing our attention to the proceedings of the District Collector, Coimbatore dated 06.01.2016 bearing reference O.Mu.21810/2015/Aa1 would submit that eviction/removal of encroachment process as per G.O.Ms.No.540 Revenue (LD6 (2)) Department dated 04.12.2014 has already been commenced. The learned Additional Government Pleader submits that the process can be completed in an estimated time of two (2) months from today.

5. We record the said submission of the learned Additional Government Pleader and dispose of the writ petition holding that no further directions are necessary. However, the matter be kept for compliance. No costs.

6. List for compliance on 14.07.2017.

-s/dAssistant Registrar(CSII) True Copy Sub-Assistant Registrar bbr To:

1. The District Collector, Coimbatore District, Coimbatore.

2. The Tahsildar, Coimbatore North Taluk Office, Coimbatore.

copy to The Section Officer Writ Section High Court Madras (for posting on 14/07/2017) W.P.No.9296 of 2017 gjII(co) aa04/05/2017 https://hcservices.ecourts.gov.in/hcservices/