N.Kannaiyan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.08.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU N.Kannaiyan : Petitioner Vs 1.The District Collector Coimbatore District 2.The Revenue Division Officer Coimbatore 3.The Tahsildar Taluk Office, Madhukkarai, Coimbatore 4.The Divisional Engineer National Highway(O & M), Park Gate Road, ATT Colony, Trichy Road, Coimbatore 5.The Chief Engineer National Highway, 2nd Floor, D-Wing Panagal Building, Saidapet, Chennai - 600015 6.The Executive Officer, Madhukkarai Town Panchayat Office Madhukkarai. Coimbatore - 641105 : Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 18.05.2018 and further direct the 4th respondent to clear the encroachments in NH 47 Madhukkarai to Mayilkal opposite to Sub-Registrar Office Madhukkarai, Coimbatore District.

Appearances:

No appearance for the petitioner Mr.P.Muthukumar, State Government Pleader, Assisted by Mr.Karthik Jagannathan, Government Advocate, for respondents 1 to 3 & 6 No appearance for the fourth respondent Not ready in notice for the fifth respondent

ORDER

(Made by the Hon'ble Chief Justice) None appears for the petitioner. On the last date also, none appeared for the petitioner.

2. Mr.P.Muthukumar, learned State Government Pleader, on instructions, submits that no interim order has been passed in the civil suit filed by the temple authorities, restraining the Government from removing the encroachments. The suit in OS No.220 of 2020, on the file of District Munsif, Madukkarai, Coimbatore, is posted for hearing on 10.10.2023.

3. According to the learned State Government Pleader, since no restraint order is passed in the civil suit, action would be taken against the encroachments in accordance with law and as per procedure.

4. The writ petition stands dismissed, as none appears for the petitioner. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 24.08.2023 Index : Yes/No : Yes/No tar To 1.The District Collector, Coimbatore District 2.The Revenue Division Officer, Coimbatore 3.The Tahsildar, Taluk Office, Madhukkarai, Coimbatore 4.The Divisional Engineer National Highway(O & M), Park Gate Road, ATT Colony, Trichy Road, Coimbatore 5.The Chief Engineer National Highway, 2nd Floor, D-Wing Panagal Building, Saidapet, Chennai - 600015 6.The Executive Officer, Madhukkarai Town Panchayat, Coimbatore - 641105

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(tar) 24.08.2023