S.Babu, M/A. 65 Years, v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.01.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and W.M.P.No.958 of 2025 Mr.S.Babu S/o.Subramani ... Petitioner Vs.
1.
The State of Tamil Nadu Rep. by its Secretary to Government Housing and Urban Development Secretariat Fort St.George Chennai-600 009.
2.
The Director Department of Town and Country Planning Annasalai, Chennai-600 002.
3.
The District Collector Chennai District Chennai-600 001.
4.
The Commissioner Page Nos.1/6
Rippon Buildings Chennai-600 003.
5.
The Tahsildar Thiruvottiyur Taluk Chennai District.
6.
The Executive Engineer Zone-01 Thiruvottiyur Chennai-600 019.
... Respondents Prayer :
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari, to call for the records relating to the impugned notice dated 28.12.2024 made in Na.Ka.No.B1/1852/2024 passed by the 5th respondent under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 in respect of the property comprised in Survey No.21, situated at Kathivakkam Village, Thiruvottiyur Taluk, Chennai District and to quash the same.
For Petitioner :
Mr.C.Prabakaran
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] After some arguments, Mr.C.Prabakaran, learned counsel on record for writ petitioner sought leave of this Court to withdraw the captioned main Page Nos.2/6
'Writ Petition' {hereinafter 'WP' for the sake of brevity} and captioned 'Writ Miscellaneous Petition' {hereinafter 'WMP' for the sake of brevity} thereat and made a request to preserve all rights and contentions of writ petitioner to canvass the same in a statutory appeal under Section 10 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity} to R3. To be noted, learned counsel for writ petitioner submits that a notice / order under Section 6 of said 1905 Act has since been issued, saying so, learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows:
Page Nos.3/6
2. In the light of the narrative thus far, captioned main WP and captioned WMP thereat are disposed of as withdrawn / closed albeit with preservation of all rights and contentions of writ petitioner in the aforesaid manner. There shall be no order as to costs. (M.S.,J.) (K.R.S.,J.) 20.01.2025 Index : Yes / No Speaking order / Non-speaking order mk Note: Upload forthwith Page Nos.4/6
To 1.
The State of Tamil Nadu Rep. by its Secretary to Government Housing and Urban Development Secretariat Fort St.George Chennai-600 009.
2.
The Director Department of Town and Country Planning Annasalai, Chennai-600 002.
3.
The District Collector Chennai District Chennai-600 001.
4.
The Commissioner Rippon Buildings Chennai-600 003.
5.
The Tahsildar Thiruvottiyur Taluk Chennai District.
6.
The Executive Engineer Zone-01 Thiruvottiyur Chennai-600 019.
... Respondents Page Nos.5/6
M.SUNDAR, J., and K.RAJASEKAR, J., mk 20.01.2025 Page Nos.6/6