G.Pechimuthu Secretary, v. Chief Secretary To

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU G.Pechimuthu ..

Petitioner Vs.

1. Chief Secretary to Government State of Tamil Nadu Fort St.George, Chennai - 600 009.

2. District Collector / Chairman District Rural Development Agency District Collectorate, Coimbatore - 600 018.

3. The Thasildar The Thaluk Office Perur Taluk Office, Coimbatore - 641 010.

4. Block Development Officer Thondamuthur - 641 109.

5. The President Panchayat Board Perur Chetipalayam Thondamuthur - 641 109.

6. The President Vellankanni Nagar, Balamurugan Nagar KNG Nagar and Santhilanga Nagar Kudiiruppor Nala Sangam Reg.No.379/2014, No.5/633-1-B Vellankanni Nagar, Arumugakkavundanur Perur Chiettipalayam Coimbatore 641 010.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to remove the idols and all other structures erected by private respondent No.6 in the Pubic Park in Survey No.91/2A of Perur Chetipalayam Panchayat of Coimbatore District and further directing respondents to maintain that land as the Public Park and further humbly praying to direct respondent No.1 to remove all such similar encroachments in other public park, public road and public places in the Coimbatore District and to maintain those lands accordingly.

For the Petitioner : Mr.M.Shankar For the Respondents : Mr.P.Muthukumar State Government Pleader for R1 to R4 No appearance for R5 Mr.R.Subburaj for R6

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.M.Shankar, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader for the respondents 1 to 4 and Mr.R.Subburaj, learned counsel for respondent 6.

2. Learned State Government Pleader, on instructions, submits that on 06.07.2023, the land in Survey No.91/2A was inspected. In fact, there is no encroachment, except a statue of deity. The Panchayat President has been instructed to remove it and place it at some other place.

3. The State Authorities shall do the needful, in accordance with law.

4. The writ petition, as such, is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 20.07.2023 Index :

Yes/No :

Yes/No drm

To

1. Chief Secretary to Government State of Tamil Nadu Fort St.George, Chennai - 600 009.

2. District Collector / Chairman District Rural Development Agency District Collectorate, Coimbatore - 600 018.

3. The Thasildar The Thaluk Office Perur Taluk Office, Coimbatore - 641 010.

4. Block Development Officer Thondamuthur - 641 109.

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

(drm) W.P.No .6483 of 2017 20.07.2023