K.Udayakumar v. The State of Tamil Nadu

ORDER [made by M.SUNDAR, J.] Subject matter of captioned 'writ petition' [hereinafter 'WP' for the sake of brevity] is alleged encroachment on Government poramboke land in 'Block No.53, T.S.No.3 in Ward AF Uppilipalayam, Coimbatore Corporation South Part, Coimbatore District admeasuring an extent of 10 ares 60 sq. mt. (11,409 sq. ft.)' [hereinafter 'said land' for the sake of convenience and clarity).

¶2Request for removal of aforereferred alleged encroachment by writ petitioner by way of a representation dated 24.04.2025 to RR 2 to 5 has not yielded results and that has necessitated captioned WP, is the submission of Mr. G. Adithyaraj, learned counsel for writ petitioner.

¶3Issue notice to official respondents (RR 1 to 5).

¶4Mr. K. Suresh, learned Government Advocate, accepts notice for RR 1,3 and 4, Mr. N. Velmurugan, learned Standing Counsel, accepts notice for R2 and Mr. S. Ravichandran, learned Additional Page Nos.3/6 Government Pleader (HR & CE), accepts notice for R5. Learned State counsel for RR 1,3 and 4 submits that survey of said land will be done after putting all concerned on notice and in their presence, within a period of six weeks from today, i.e., on or before 03.09.2025, and depending on the outcome of the survey, action for removal of encroachment (if found) will be commenced vide the provisions of the Tamil Nadu Urban Local Bodies (Amendment) Act, 2022, as expeditiously as the business of official respondents would permit but in any event within a period of six weeks therefrom, i.e., on or before

15.10.2025. This submission is recorded.

¶5Though obvious, we make it clear that all the rights and contentions of the private respondents stand preserved and this order does not touch or impinge upon or impact their rights. Therefore, there is no impediment in dispensing with notice to private respondents and taking up the captioned WP with the consent of the learned State counsel and learned counsel for writ petitioner. We do so. Page Nos.4/6

¶6In the light of the narrative thus far, captioned main WP is disposed of in the aforesaid manner, recording the stated position of learned State counsel. Captioned writ miscellaneous petition thereat is closed. There shall be no order as to costs. (M.S., J.) (H.C., J.)

23.07.2025 cad To

¶1The Secretary to Government Department of Revenue & Disaster Management Government of Tamil Nadu Secretariat, Fort St. George Chennai 600 009

¶2The Commissioner Coimbatore City Municipal Corporation Raja Street, Town Hall Coimbatore 641 001

¶3The District Collector Coimbatore District Collectorate Building

¶4The Revenue Divisional Officer Coimbatore – South Collectorate Building

¶5The Joint Commissioner, Coimbatore Hindu Religious & Charitable Endowment Department Commercial Tax Office Complex Dr. Balasundaram Road Page Nos.5/6

M.SUNDAR, J. and

HEMANT CHANDANGOUDAR, J. cad

23.07.2025 Page Nos.6/6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.07.2025 CORAM THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR W.P.No.26619 of 2025 and W.M.P. No.29934 of 2025 K. Udayakumar Petitioner vs. 1. The State of Tamil Nadu represented by its Secretary to Government Department of Revenue & Disaster Management Secretariat Fort St. George Chennai 600 009 2. The Commissioner Coimbatore City Municipal Corporation Raja Street Town Hall Coimbatore 641 001 3. The District Collector Coimbatore District Collectorate Building 4. The Revenue Divisional Officer Coimbatore – South Collectorate Building Page Nos.1/6 5. The Joint Commissioner, Coimbatore Hindu Religious & Charitable Endowment Department Commercial Tax Office Complex Dr. Balasundaram Road 6. V. Vasudevan 7. Indraprasad Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents 1 to 4 to remove the illegal encroachments on the Government poramboke land situated in Block No.53, T.S.No.3 in Ward AF Uppilipalayam, Coimbatore Corporation South Part, Coimbatore District admeasuring an extent of 10 ares 60 sq. mt. (11,409 sq. ft.) and file a report before this Court, within a time frame. For petitioner Mr. G. Adithyaraj For RR 1, 3 & 4 Mr. K. Suresh Government Advocate For R2 Mr. N. Velmurugan Standing Counsel For R5 Mr. S. Ravichandran For RR 6 & 7 Notice dispensed with - - - Page Nos.2/6