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2024 Supreme(Online)(MAD) 9548

HIGH COURT OF MADRAS
S.M. SUBRAMANIAM, J
B.Abdul Vayath – Appellant
Versus
The Project Director – Respondent


O R D E R

[ORDER OF THE COURT WAS MADE BY S.M.SUBRAMANIAM, J.]

The relief sought for in the present writ petition is to direct the respondents 1 to 6 to remove the encroachments on the basis of the representation submitted by the deceased first petitioner on 16.11.2019.

2. Mr.A.Selvendran, learned Special Government Pleader appearing on behalf of the respondents 1 to 6, would contend that encroachments in the adjacent lands were already removed. However, the said statement of the learned Special Government Pleader, appearing on behalf of the respondents 1 to 6, is objected by the learned counsel appearing on behalf of the petitioners.

3. The counter filed by the Divisional Engineer would reveal that civil suits in OS Nos.29 and 48 of 2018 have been instituted on the file of the Principal District Court, Gingee.

4. Institution of a civil suit or an interim order, if any, is not a bar to evict the encroachers by the Government by following the procedures contemplated under Land Encroachments Act or other relevant Acts. Therefore, the contention of the respondents that the civil suit is pending need not be considered and the Authorities are bound to evict the encroachers under the Statute

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