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Madras High CourtWP/10301/2024disposed of

P.Marichamy v. The District Collector

2024-04-16Honourable The Chief Justice,Honourable Mr Justice J.Sathya Narayana Prasad5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD P.Marichamy ..

Petitioner Vs.

1. The District Collector Coimbatore District, Coimbatore.

2. The Joint Director Town and Country Planning Coimbatore - 641 018.

3. The Revenue Divisional Officer Sulur Division, Sulur, Coimbatore District.

4. The Tahsildar Sulur Taluk, Sulur, Coimbatore District.

5. The Executive Officer Moppiripalayam Town Panchayat Mopperipalayam, Coimbatore.

6. R.Devaraj ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 to 5 to remove the cart track encroachment and unauthorized constructions made by the 6th respondent comprised in S.No.49/3 situated at Moppiripalayam Village, Sulur Taluk, Coimbatore District and restore the cart track for public use.

For the Petitioner : Mr.K.Magesh For the Respondents : Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.K.Karthik Jegannath Government Advocate for R1 to R4 Mr.T.K.Saravanan Government Advocate for R5

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.K.Magesh, learned counsel for the petitioner, Mr.A.Edwin Prabakar, learned State Government Pleader assisted by Mr.K.Karthik Jegannath, learned Government Advocate for respondent Nos.1 to 4 and Mr.T.K.Saravanan, learned Government Advocate for respondent No.5.

2. Learned State Government Pleader submits that survey would be conducted in respect of the land in S.No.49/3 within a period of four months from today. If encroachment is found upon survey, then action, in accordance with law, would be undertaken immediately for removal of the encroachment.

3. In view of the aforesaid submission, no further orders are necessary. The writ petition, accordingly, stands disposed of. There shall be no orders as to costs.

(S.V.G., CJ.) (J.S.N.P., J.) 16.04.2024 Index :

Yes/No :

Yes/No drm To

1. The District Collector Coimbatore District, Coimbatore.

2. The Joint Director Town and Country Planning Coimbatore - 641 018.

3. The Revenue Divisional Officer Sulur Division, Sulur, Coimbatore District.

4. The Tahsildar Sulur Taluk, Sulur, Coimbatore District.

5. The Executive Officer Moppiripalayam Town Panchayat Mopperipalayam, Coimbatore.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

(drm) 16.04.2024