M.Shanmugam, M/A. 44years, v. The Director
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.968 of 2025 1.
M.Shanmugam S/o.P.Munusamy 2.
M.Ponnu Vel S/o.P.Munusamy ... Petitioners Vs.
1.
The Director Department of Town & Country Planning CMDA Office Complex, E & C Market Road Koyambedu, Chennai-600 107.
2.
The District Collector Chennai District Chennai.
3.
The Regional Deputy Commissioner Greater Chennai Corporation (North Region) No.945, T.H.Road, Tiruvottiyur 4.
The Executive Engineer Zone-01, Corporation of Chennai Page Nos.1/6
5.
The Assistant Engineer Division - 001 Corporation of Chennai 6.
The Revenue Divisional Officer North Chennai Revenue Division Chennai-600 066.
7.
The Tahsildar Tiruvottriyur Taluk ... 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 pertaining to the impugned notice dated 28.12.2024 made in Na.Ka.No.B1/1852/2024 issued by the 7th respondent and to quash the same.
For Petitioners :
Mr.C.Prabakaran For Respondents :
Mr.V.Ravi, Special Government Pleader for R1, R2, R6 and R7 Mr.Mohammed Ghouse Standing Counsel for R3 to R5
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 petitioners sought leave of this Court to withdraw the captioned Page Nos.2/6
main '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 petitioners 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 be noted, learned counsel for writ petitioners 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. It is further to be noted that the first petitioner [M.Shanmugam] is present in Court and first petitioner has also counter signed the endorsement.
3. In the light of the narrative thus far, captioned main WP and captioned WMP thereat are disposed of as withdrawn / closed albeit with preservation of all rights and contentions of writ petitioner for canvassing the same in an intended statutory appeal to R2 under Section 10 of said 1905 Act. 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 Director Department of Town & Country Planning CMDA Office Complex, E & C Market Road Koyambedu, Chennai-600 107.
2.
The District Collector Chennai District Chennai.
3.
The Regional Deputy Commissioner Greater Chennai Corporation (North Region) No.945, T.H.Road, Tiruvottiyur 4.
The Executive Engineer Zone-01, Corporation of Chennai 5.
The Assistant Engineer Division - 001 Corporation of Chennai 6.
The Revenue Divisional Officer North Chennai Revenue Division Chennai-600 066.
7.
The Tahsildar Tiruvottriyur Taluk Page Nos.5/6
M.SUNDAR, J., and K.RAJASEKAR, J., mk 20.01.2025 (3/3) Page Nos.6/6