K.Udayakumar Vs the State of Tamil Nadu

The State of Tamil Nadu represented by its Secretary to Government Department of Revenue & Disaster Management Secretariat Fort St. George Chennai 600 009

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

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The District Collector Coimbatore District Collectorate Building Coimbatore 641 018

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The Revenue Divisional Officer Coimbatore – South Collectorate Building Coimbatore 641 018

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Page Nos.1/6

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

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W.P.No.26619 of 2025

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5.

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The Joint Commissioner, Coimbatore Hindu Religious & Charitable Endowment Department Commercial Tax Office Complex Dr. Balasundaram Road Coimbatore 641 018

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V. Vasudevan

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Indraprasad Respondents

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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.

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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 - - - - -

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Page Nos.2/6

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W.P.No.26619 of 2025

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ORDER

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[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 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).

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Request 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.

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

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Mr. K. Suresh, learned Government Advocate, accepts

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notice for RR 1,3 and 4, Mr. N. Velmurugan, learned Standing Counsel, accepts notice for R2 and Mr. S. Ravichandran, learned Additional

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Page Nos.3/6

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W.P.No.26619 of 2025

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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.

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Though 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.

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W.P.No.26619 of 2025

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In the light of the narrative thus far, captioned main WP is

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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.

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(M.S., J.) (H.C., J.) 23.07.2025

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cad

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To

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

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

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The District Collector Coimbatore District Collectorate Building Coimbatore 641 018

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The Revenue Divisional Officer Coimbatore – South Collectorate Building Coimbatore 641 018

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The Joint Commissioner, Coimbatore Hindu Religious & Charitable Endowment Department Commercial Tax Office Complex Dr. Balasundaram Road Coimbatore 641 018

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Page Nos.5/6

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

W.P.No.26619 of 2025

M.SUNDAR, J.

and

HEMANT CHANDANGOUDAR, J.