JUDGMENT :

S. Vaidyanathan, J.

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the Respondents to clear all the encroachments pointed out by the Petitioner association in the representations dated 24.04.2017, 24.06.2019, 16.12.2019 and 27.09.2021 with photographs with necessary police protection within a time frame to be fixed by this Court.)

1. The Writ Petition has been filed, seeking direction to the Respondents to clear all the encroachments pointed out by the Petitioner association in the representations dated 24.04.2017, 24.06.2019, 16.12.2019 and 27.09.2021 with photographs with necessary police protection within a time frame to be fixed by this Court.

2. Mr.K.V.Sajeevkumar, learned Government counsel takes notice for the Respondents.

3. By consent, this Writ Petition is taken up and disposed of in the stage of admission itself.

4. The learned counsel appearing for the Petitioner submitted that Petitioner association has already filed W.P.No.3873 of 2017, challenging the inaction of the Respondents for not completely clearing the encroachments from the parks, play grounds, children park, public places and open spaces approved in 48 layouts in Vadavalli area called V.N.R.Nagar in ward No.16 West Zone of Coimbatore Corporation and the same is pending. It is further submitted that this Writ Petition is confined to the encroachment in the street and roads in the 9 layouts of VNR Nagar in particular within the jurisdiction of the 3rd respondent in the general public interest apart from encroachments in open spaces which is subject matter of W.P.No.3873 of 2017. It is his further contention though the petitioner made detailed representation to the second respondent with regard to the encroachments made in his colony and though the third respondent has stated action will be taken to remove the encroachment, till date no action has been taken to remove the same.

5. Heard both sides. Perused the records.

6. Taking note of the facts and circumstances of the case and also the submissions made, the Second Respondent who is the competent authority to ascertain the encroachment is directed to ascertain and take decision on the alleged encroachment, by conducting survey, by using the drone technology, after affording opportunity of hearing to the petitioner as well as the persons concerned, within a period of three months from the date of receipt of a copy of this order. This Court makes it clear that if any encroachment is found to be made by any of the persons, the electricity connection with respect to the encroachers shall be disconnected in the light of the Judgment of the Division Bench in "P.Selvarajan Vs. The Commissioner of Municipal Administration, Chennai and others" (W.P.No. 21639 of 2017) decided on 13.02.2018 , following the order of the Supreme Court dated 05.01.2018, passed in Special Leave to Appeal (C) No. 33863 of 2017, wherein the Apex Court observed as follows:

“3. Learned counsel appearing for the fourth respondent submitted that the fourth respondent has made an application for regularisation and that during the pendency of the proceedings, this Court, by order dated 11.09.2017, directed disconnection of electricity in respect of basement, second and third floors of the fourth respondent's premises, against which, the matter was taken up to the Supreme Court. The Supreme Court, in Petition for Special Leave to Appeal (C).No.26509 of 2017, by order dated 13.10.2017, did not interfere with the said order of this Court dated 11.09.2017, and permitted the fourth respondent herein to move the High Court. During the pendency of this Writ Petition, the fourth respondent herein has filed W.M.P.No.30495 of 2017 seeking direction to the TANGEDCO to restore the electricity connection to the building of the fourth respondent. This Court, by order dated 07.11.2017, rejected the restoration of electricity supply. Thereafter, once again the matter was tak