Lakshmi Nagar Phase-1 Welfare Association v. The Block Development Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2019

CORAM

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.5237 of 2019 Lakshmi Nagar Phase-1 Welfare Association, Reg.No.119/2018 Rep. by its President, R.Ravi Door No.148, Sri Lakshmi Nagar Phase-I, Thoppampatti Coimbatore - 641 017.

.. Petitioner -Vs1. The Block Development Officer, Periyanaickenpalayam Panchayat, Coimbatore.

2. The Executive Officer, Kurudampalayam Panchayat, K.Vadamadurai.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of mandamus to evict the encroachers from the public road in the approved site of Lakshmi Nagar Phase-I and then lay pipeline after eviction. For Petitioner : Mr.G.R.Deepak For Respondents : Mr.V.Jayaprakash Narayanan Government Pleader (i/c.)

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) Heard Mr.G.R.Deepak, learned counsel for the petitioner and Mr.V.Jayaprakash Narayanan, learned Government Pleader (i/c.) for the respondents.

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2.The prayer of the petitioner is that the encroachers from the public road in the approved site of Sri Lakshmi Nagar PhaseI, situated in S.No.575, Kurudampalayam Village, Coimbatore North Taluk, Coimbatore District, be evicted.

3. The learned counsel for the petitioner states that the Tahsildar, North Taluk, Coimbatore, has sent a communication dated 21.01.2019 to the petitioner, wherein it is stated that there are 18 encroachers in the said land and that the Tahsildar, North Taluk, Coimbatore, is preparing a list of encroachers and the said list would be sent to the Tamil Nadu Slum Clearance Board for allotting alternate site to the encroachers. The learned Government Pleader (i/c.) has also handed over a copy of the said communication. The said communication dated 21.01.2019 is taken on record.

4. Thus, it is seen that the Tahsildar, North Taluk, Coimbatore is taking steps in order to evict the encroachers. In view of the same, we close this writ petition with the direction that the authorities to carry on the exercise as expeditiously as possible and thereafter the authorities shall take a decision regarding laying of pipelines. No costs. sasi Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To

1. The Block Development Officer, Periyanaickenpalayam Panchayat, Coimbatore.

2. The Executive Officer, Kurudampalayam Panchayat, K.Vadamadurai.

3. The Tahsildar, North Taluk, Coimbatore.

+1cc to Mr.V.Jayaprakash Narayanan Advocate, SR.No. 32905 W.P.No.5237 of 2019 Kak(14/05/2019) https://hcservices.ecourts.gov.in/hcservices/