R.Jayaprakash v. State Of Tamilnadu Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD R.Jayaprakash .. Petitioner Vs 1.State of Tamil Nadu, rep. by the Secretary to Government of Tamilnadu, Public Works Department, Secretarial, Fort St. George, Chennai.
2.The District Collector, Kallakurichi District, Kallakurichi.
3.The Revenue Divisional Officer, Kallakurichi, Kallakurichi District.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to file a status report with regard to the actions initiated in pursuance of the notices issued to encroachers in the Chinna Salem Eri. Pending disposal of the above writ petition, to issue a writ of mandamus by directing the respondents to remove the encroachments made in Chinna Salem Eri, No.239, Kallakurichi District.
For the Petitioner : Ms.S.R.Sumathy For the Respondents : Mr.P.Harish Government Advocate
ORDER
(Order of the court was made by the Hon'ble Chief Justice) Heard Ms.S.R.Sumathy, learned counsel for the petitioner; and, Mr.P.Harish, learned Government Advocate for the respondents.
2. The petition is filed to take action for removal of encroachments from the Eri land at No.239, Kallakurichi District.
3. A status report is filed on 7.2.2024 by the third respondent. Paragraph (6) of the status report reads thus: "6. It is submitted that Assistant Engineer WRD by a Letters No.4/2023 AE/CSM/Dated 12.6.2023 informed Electricity Board, Chinnasalem Town Panchayath to Disconnect the Electricity connection and the said request is still pending. I state that
since the Government has identified the alternate accommodation for the encroachers, the department requires three months time to entirely evict and resettle the encroachers. I crave leave of the Hon'ble High Court to file additional counter affidavit if any at a later point of time."
4. Learned Government Advocate now submits that three months further time would be required to evict the encroachers and resettle them.
5. We accept the aforesaid statement of learned Government Advocate.
Accepting the statement of learned Government Advocate, the writ petition is disposed of. There shall be no order as to costs. (S.V.G., CJ.) (J.S.N.P., J.) 01.04.2024 Index :
Yes/No Yes/No sasi
To 1.The Secretary to Government of Tamilnadu, State of Tamil Nadu, Public Works Department, Secretarial, Fort St. George, Chennai.
2.The District Collector, Kallakurichi District, Kallakurichi.
3.The Revenue Divisional Officer, Kallakurichi, Kallakurichi District.
THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD,J.
(sasi) 01.04.2024