S.Kaliyaperumal Vs the District Collector

to remove the encroachment made by the respondents 5 and 6 in the light of the proceedings passed by the Respondent No. 2 in Na.Ka. No. A3 / 010 / 2024, dated 16.08.2024 in accordance with law within the time stipulated by this Court.

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For Petitioner : Mr.P.Santhosh for Mr.T.Dharani

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For Respondents : Mr.M.S.Arasakumar, Government Advocate for R1 to R3 Mr.K.Surendran, Additional Government Pleader for R4

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ORDER

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[Order of the Court was made by M.SUNDAR, J. ,]

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Subject matter of captioned 'Writ Petition' [hereinafter 'WP' for the sake of brevity] is alleged encroachment in Survey No.146, Paver Block Road, Venkanur Panchayat, Mangalore Panchayat Union, Cuddalore District' (hereinafter 'said land' for the sake of convenience and clarity)

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Request for removal of aforereferred alleged

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encroachment/s by way of a representation dated 26.07.2024 has not yielded results and that has necessitated captioned WP, is the submission of learned counsel for writ petitioner.

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Page Nos.2/5

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https://www.mhc.tn.gov.in/judis

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W.P.No.22862 of 2025

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3. Issue notice to official respondents.

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4. Mr.M.S.Arasakumar, learned Government Advocate

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accepts notice for R1 to R3 and Mr.K.Surendran, learned Additional Government Pleader accepts notice for R4.

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Learned State counsel submits that survey of said land will be done within a period of six weeks from today, i.e., on or before 06.08.2025, and depending on the outcome of the survey, action for removal of encroachment (if found) will be commenced vide the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905) or under the Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002) or any other appropriate / applicable statute 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 17.09.2025. This submission is recorded.

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Though obvious, we make it clear that all the rights and contentions of R5 to R8 stand preserved and this order does not impinge upon their rights. Therefore, there is no impediment in Page Nos.3/5

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https://www.mhc.tn.gov.in/judis

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W.P.No.22862 of 2025

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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.

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