Tips Global Institute, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.12.2018
CORAM
THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.18505 of 2018 TIPS Global Institute Rep. by its Managing Director S.Narayanan S.F.No.361-1A3, Karuvallur Road MGC Palayam, Coimbatore-641 107.
.. Petitioner Vs.
1 The District Collector Coimbatore District District Collectorate State Bank Road Coimbatore-641 018.
2 The Tahsildar Annur Taluk Coimbatore.
3 The District Revenue Officer Coimbatore District Coimbatore.
4 The Revenue Inspector Annur South, Annur Masagoundenpalayam Coimbatore.
5 Dr.Shanti Anand Kumar .. Respondents (R5-Suo Motu impleaded as per order dated 19.7.2018) PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus to direct the respondents to consider the petitioner's representation/ reply dated 11.06.2018, issued in response to the show cause notice issued by the 4th respondent to the petitioner on 27.05.2018 under section 7 of the Tamil Nadu Land Encroachment Act , 1905, providing an opportunity for personal hearing, and to pass appropriate orders within a
time bound manner in strict compliance with the provisions of the Tamil Nadu Land Encroachment act 1905 and not to take any coercive steps/measures until the disposal of the said proceedings and the petitioner's representation/reply letter dated 11.06.2018.
For Petitioner : Mr.Sathish Parasaran Senior Counsel for K.M.D.Muhilan For Respondents : Mr.V.Jayaprakash Narayanan Government Pleader (i/c) for respondents 1 to 4 Mr.V.Raghavachari for Mr.Abishek Jenasenan for 5th respondent
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) The petitioner is seeking directions to respondents 1 to 4 to consider the petitioner's representation/reply dated 11.06.2018, issued in response to the show cause notice issued by the fourth respondent, i.e., the Revenue Inspector, Annur South, Coimbatore District, to the petitioner on 27.05.2018 under section 7 of the Tamil Nadu Land Encroachment Act , 1905.
2. The learned Government Pleader (in-charge), who is appearing for respondents 1 to 4 states that they will consider the representation/reply preferred by the petitioner in accordance with law and thereafter proceed, if necessary, in accordance with law.
3. In view of the statement made by the learned Government Pleader (in-charge), no further orders are necessary. The writ petition is disposed of accordingly. It is made clear that respondents 1 to 4 shall evict the encroachers only following the provisions of the Tamil Nadu Land Encroachment Act, 1905. No costs. Consequently, W.M.P.No.21838 of 2018 is closed. Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar sasi
To:
1 The District Collector Coimbatore District District Collectorate State Bank Road Coimbatore-641 018.
2 The Tahsildar Annur Taluk Coimbatore.
3 The District Revenue Officer Coimbatore District Coimbatore.
4 The Revenue Inspector Annur South, Annur Masagoundenpalayam Coimbatore.
+1cc to Mr.K.M.D.Muhilan, Advocate, S.R.No.84735 +1cc to the Government Pleader, S.R.No.84407 W.P.No.18505 of 2018 RR(CO) rrs 19/12/2018