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Madras High CourtWMP/37142/2018disposed of

K.Easakkimuthu, v. The District Collector,

2018-11-30Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy3 pages

W.M.P.Nos.37142, 37105 to 37116, 37144, 37146 & 37148 of 2018 in W.P.Nos.25140, 25370, 25374, 25383, 25384, 25386, 25390, 25397, 25403, 25408, 25412, 25413, 25414, 25415, 25423 and 25427 of 2018 THE HON'BLE THE CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY (Order of the Court made by the Hon'ble Chief Justice) These Miscellaneous Petitions have been preferred by the petitioners seeking extension of time stated in the order dated 02.11.2018 passed by this Court in W.P.No.25140 of 2018 and batch of Writ Petitions. 2.In the said petitions, the petitioners challenged the notices of eviction issued in Form 3 under Rule 6(1) of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007. After hearing the learned counsel for the petitioners and the respective respondents, this Court while disposing of the batch of petitions, observed as follows: "... the petitioners are not entitled to any indulgence from this Court and all the Writ Petitions are therefore dismissed."

3.Thereafter, in the said batch of petitions, the learned counsel for the petitioners sought time to vacate. This Court by the very same order granted time till 30.11.2018 to the petitioners to vacate the premises. Now,

the petitioners are seeking extension of time of the period mentioned in the order dated 02.11.2018 to vacate the premises. 4.The learned Government Pleader (i/c) as well as the learned counsel for the Slum Clearance Board stated that though most of the encroachers have been allotted alternative sites, some of the encroachers are refusing to move into the alternative accommodation. Though the petitioners have prayed for six months time to vacate the premises, looking to the facts of these cases, we are of the opinion that no case is made out for extension of time for six months. Only based on humanitarian grounds, we grant two weeks time from today to the petitioners to vacate and hand over possession of the properties.

5.The petitions are disposed of in the above terms. (V.K.T., CJ.) (M.D., J.) 30.11.2018 va Note : Issue order copy today.

THE HON'BLE CHIEF JUSTICE AND M.DURAISWAMY, J.

va W.M.P.Nos.37142, 37105 to 37116, 37144, 37146 & 37148 of 2018 in W.P.Nos.25140, 25370, 25374, 25383, 25384, 25386, 25390, 25397, 25403, 25408, 25412, 25413, 25414, 25415, 25423 and 25427 of 2018 30.11.2018