← Library
Madras High CourtWP/21563/2017disposed of

P. Balasubramanian v. The District Collector

2023-07-26Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU P.Balasubramanian .. Petitioner Vs 1.The District Collector, Office of the District Collector, Erode District.

2.The Commissioner, Corporation of Erode, Brough Road, Erorde District.

3.The Tashildar, Marapalam Road, Erode-638 001.

4.M.Bhojarajan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 21.06.2017

and to remove the entire encroachments made in R.S.Nos.129, 130, 131, 147 and 149 situated at Muthampalayam Village, Erode District.

For the Petitioner : Mr.D.Gopal For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader for respondents 1 to 3

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.D.Gopal, learned counsel for the petitioner, and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader, for respondents 1 to 3.

2. A status report is filed by the first respondent. In the status report, the details of eviction of encroachments from Survey Nos.129, 130/1, 131/1 and 149/12 are given. It is submitted that action is being taken in order to remove the encroachments in

Survey Nos.130, 131 and 149. The details of the action that is intended to be taken are given.

3. In some matters, interim injunction is operating. In the matters where interim relief is operating, certainly the alleged encroachments cannot be removed. In cases where the interim orders are not operating, the first respondent has undertaken to remove the encroachments expeditiously.

In view of the same, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.No.23047 of 2017 is closed.

(S.V.G., CJ.) (P.D.A., J.) 26.07.2023 Index :

Yes/No Yes/No sasi

To:

1.The District Collector, Office of the District Collector, Erode District.

2.The Commissioner, Corporation of Erode, Brough Road, Erorde District.

3.The Tashildar, Marapalam Road, Erode-638 001.

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

(sasi) 26.07.2023