R.Elumalai v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI W.P. No.12748 of 2025 and W.M.P.No.14320 of 2025 R. Elumalai Petitioner vs.

1.

The District Collector Villupuram District Collector Office Road Moovendar Nagar Villupuram 605 602 The Tahsildar Melmalaiyanur Taluk Villupuram District 604 204 The Block Development Officer Melmalaiyanur Taluk Villupuram District 604 201 The Village President Theppirampattu Village Panchayat Melmalaiyanur Taluk Villupuram District 604 204 5.

H. Arjunan Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records Page Nos.1/4

pertaining to the impugned order issued on 30.09.2023 in Na.Ka.No.Aa2/2045/2021 on the file of the third respondent and quash the same and consequently, direct the respondents 1 to 4 to remove the illegal encroachments and construction made by the fifth respondent in Survey No.222/16, Theppirampattu Village, Melmalaiyanur Taluk, Villupuram District.

For petitioner Mr. R. Pravesh

ORDER

[made by M. SUNDAR, J.] After some arguments, Mr. Pravesh, learned counsel of M/s.P.B.Ramanujam Associates (Law Firm), learned counsel on record for writ petitioner, sought leave of this Court to withdraw the captioned main 'writ petition' (hereinafter 'WP' for the sake of brevity) and captioned 'writ miscellaneous petitioner' (hereinafter 'WMP' for the sake of brevity) thereat but made a plea to preserve all the rights and contentions of the writ petitioner to come to this Court on the same cause of action i.e., same issue. To be noted, this became necessary as there was (i)an error in prayer; and (ii) WMP prayer required a change.

Page Nos.2/4

Request acceded to.

A scanned reproduction of endorsement made by learned counsel in the case file as follows:

In the light of the narrative thus far, captioned main WP and captioned WMP thereat are disposed of as withdrawn/closed albeit with preservation of rights and contentions of writ petitioner in the aforesaid manner. There shall be no order as to costs. (M.S., J.) (K.G.T., J.) 09.04.2025 cad Index :

Yes/No NC :

Yes/No Page Nos.3/4

M.SUNDAR, J.

and K. GOVINDARAJAN THILAKAVADI, J.

cad To:

1.

The District Collector Villupuram District Collector Office Road Moovendar Nagar Villupuram 605 602 The Tahsildar Melmalaiyanur Taluk Villupuram District 604 204 The Block Development Officer Melmalaiyanur Taluk Villupuram District 604 201 The Village President Theppirampattu Village Panchayat Melmalaiyanur Taluk Villupuram District 604 204 09.04.2025 Page Nos.4/4