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Madras High CourtWP/29193/2023disposed of

V.C.Kalisamy v. The Secretary To Government

2023-10-09Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY V.C.Kalisamy ..

Petitioner Vs.

1. The Secretary to Government Public Works Department Government of Tamil Nadu Fort St. George, Chennai 9.

2. The District Collector of Coimbatore Office of District Collector Coimbatore District.

3. K.Senthil Kumar

4. S.Shanthi

5. P.Ganesan

6. C.Ramakrishnan

7. K.Kalisamy @ Natarasu ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 and 2 to pass suitable instructions and order for removal of encroachment of the respondents 3 to 7 and thereby restore the water course channels as per the latest representation dated 25.08.2023 of the petitioner. For the Petitioner : Mr.S.Senthilnathan For the Respondents : Mr.P.Muthukumar State Government Pleader for Respondents 1 & 2

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.S.Senthilnathan, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader for the respondents 1 and 2.

2. Under communication dated 16.06.2023, it appears that the Tahsildar, Perur had informed the Collector, Coimbatore about the encroachment in S.Nos.386/2, 286/2, 238, 226/1, 229, 232, 236 and other lands. Even the names of the encroachers were given. It was further stated that notices under Sections 6 and 7 of the Tamil Nadu

Land Encroachment Act, 1905 were also issued. Survey of the encroached lands was conducted in the presence of the encroachers and stones were laid.

3. According to the petitioner, still the encroachment exists.

4. Learned State Government Pleader submits that all effective steps would be taken by the Government expeditiously for removal of the encroachment on the said lands.

5. In view of the said statement, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 09.10.2023 Index :

Yes/No :

Yes/No kpl

To

1. The Secretary to Government Public Works Department Government of Tamil Nadu Fort St. George, Chennai 9.

2. The District Collector of Coimbatore Office of District Collector Coimbatore District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 09.10.2023