M. Sundar, J.

1. All the three writ petition, pertain to a common issue namely 'encroachment on either side of a Public Road/Cart Track'. Therefore, all the three writ petitions were tagged and heard together. We propose to dispose off all the three writ petitions by this common order.

2. We deem it necessary to set out the factual matrix containing facts that are necessary for clarity in understanding this order, sans unnecessary details, particulars and facts.

3. FACTUAL MATRIX :

a) Originally a Cart Track, now a Public road over a stretch of 1 km or thereabouts being a main road branching off from Mettupalayam Thadagam Road (Annaikaty Road to Kerala) and also access road inter-alia for the residents of the area which goes by the name K.K.Pudur and such residents are members of the writ petitioner Residents Association and the said cart track/public road is the subject matter of the instant writ petitions. Cart track/Public Road referred to supra is comprised in S.Nos.54/2, 54/3, 56/2, 61/2, 62/3, 63/3, 64/2 and 65/2 [8 S.Nos. in all] in Koundampalayam Village, Coimbatore District.

(b) For the sake of convenience and clarity, the Cart Track/Public Road is hereinafter referred to as 'said road'. It is an admitted factual position as between the parties that the said road was 70 feet wide and 1 kilo meter long. It is also a further admitted position as between the parties that there are encroachments on either side of the said road that have reduced/shrunk the width of the 70 feet wide road to barely 15 feet.

(c) Besides the writ petitioner Residents Associations herein which are pursuing the three writ petitions, one St.Thomas Higher Secondary School, K.K.Pudur, Coimbatore is also said to be affected by this encroachment. The above said St. Thomas Higher Secondary School is hereinafter referred to as the 'said school' for the sake of convenience, clarity and brevity. Said school would claim that this is the access road for it and it is noticed from the pleadings that the said school is located in an 8 acres campus.

(d) In this context, it is deemed relevant to set out that the encroachments on either side of the said road were declared as Slum area by TNSCB vide a Government Order being G.O.Ms.No.995, dated 14.06.1991.

(e) The said school filed a writ petition in this Court being W.P.No.7769 of 2000 with a prayer to mandamus the District Collector to remove the encroachments on either side of the said road.

(f) In the above writ petition, the local Town Panchayat as well as the Executive Engineer of the Tamil Nadu Slum Clearance Board [hereinafter referred to as 'TNSCB' for brevity] were also arrayed as respondents. This Court by order dated 04.04.2003, directed the District Collector to remove the encroachments in accordance with law and also stipulated that such removal should be done within a period of five months from the date of receipt of a copy of that order. In this Order, the undisputed position that the said road is a Panchayat Road was recorded.

(g) The above said order of this Court was carried by way of an intra court appeal by the TNSCB. The encroachers numbering 122 had also filed an independent writ appeal. Writ Appeal filed by TNSCB is W.A.No.1625 of 2003 and writ appeal filed by the encroachers is W.A.No.1941 of 2003.

(h) In and by a common order dated 06.06.2009 in the above said two writ appeals a Division Bench of this Court, confirmed the above said order of the learned Single Judge directing removal of encroachments. The Division Bench while confirming the order of the learned Single Judge added that the District Collector shall give notice to the encroachers/occupiers and follow due process of law. Thereafter, much later, the District Collector conducted enquiry, pursuant to the above said orders of this Court and the same culminated in proceedings dated 16.06.2012 bearing reference in Na.Ka.No.25186/2000/A1 [hereinafter referred to as the 'impugned proceedings' for brevity].

(i) Notwithstanding the above,