C.Devakrishnan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2016

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. No.12132 of 2016 and W.M.P. Nos.10491 and 10492 of 2016 C. Devakrishnan Petitioner Vs.

The District Collector Kancheepuram District Kancheepuram The Tahsildar Thiruporur Taluk Kancheepuram District The Revenue Inspector Mambakkam Firka Thiruporur Taluk Kancheepuram District Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of certiorarified mandamus, calling for the records pursuant to the impugned order of the second respondent made in Na.Ka. 426/2016/Aa2 dated 22.03.2016 and quash the same and direct the respondents not to evict the petitioner from his possession and enjoyment of the house site land property of an extent of an extent of 4 cents (161 sq. mt.) comprising in Survey No.355/1, Old S.No.227/1, situated at No.1/194, Perumal Koil Street, Pudupakkam, Thiruporur Taluk, Kancheepuram District and consequently, direct the respondents to recognize the petitioner's lawful possession and enjoyment of the said property For Petitioner : Mr. A. Ramalingam For Respondents :Mrs. A. Srijayanthi Special Government Pleader - - - - - https://hcservices.ecourts.gov.in/hcservices/

ORDER

(delivered by SATISH K. AGNIHOTRI, J.) The learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition with liberty to prefer an appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 and has also made an endorsement to that effect as under:

"Since the petitioner is moving appeal under Section 10 of Tamil Nadu Land Encroachment Act, may be permitted to withdrawn."

In view of the above submission and endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn with liberty as aforestated if so advised. It is made clear that status quo as obtained today, in respect of the property in question, shall be maintained for a period of one week from today (i.e., 01 April 2016). Costs made easy. Connected Miscellaneous Petitions are closed. cad Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To The District Collector Kancheepuram District, Kancheepuram The Tahsildar Thiruporur Taluk, Kancheepuram District The Revenue Inspector Mambakkam Firka Thiruporur Taluk, Kancheepuram District.

+ 1 CC TO Mr.A.Ramalingam, ADVOCATE SR 20785 + 1 CC TO THE GOVT.PLEADER, SR 20943 KR/4/4/16 W.P. No.12132 of 2016 https://hcservices.ecourts.gov.in/hcservices/