M/S.Milka Industries (P) Ltd v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2015

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. No.11159 of 2015 and M.P. No.1 of 2015 Milka Industries (P) Limited represented by its Managing Director 37, Old Mahabalipuram Road Kazhipattur Village Kancheepuram District 603 103 Petitioner Vs.

The State of Tamil Nadu represented by its Secretary Revenue Department Fort St. George Chennai 600 009 The District Collector Kancheepuram District Kancheepuram The Tahsildar Tiruporur Kancheepuram District The Managing Director State Industries Promotion Corporation of Tamil Nadu Ltd. 19A Rukmani Lakshmipathy Road Chennai 600 008 The Revenue Inspector Kelambakkam Tiruporur Taluk Tiruporur, Kancheepuram District The Village Administrative Officer No.15, Muttukadu No.14, Kazhipattu Tiruporur Taluk Kancheepuram District Respondents

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the concerned records from the third respondent, quash the order of the third respondent dated 17.03.2015 bearing Ns.Ks.No.2464/2015/132 and the notice dated 27.03.2015 issued by the third respondent under Section 6 of the Land Encroachment Act and consequently, direct the respondents to consider the request of the petitioner for issuance of patta in respect of land measuring 0.67 acres comprised in Survey No.97, Kazhipattur Village, Tiruporur Taluk, Kancheepuram District and issue patta in favour of the petitioner by collecting necessary charges.

For petitioner Mr. V. Kadhirvelu For RR 1-3 Mr. N. Sakthivel Government Advocate

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) The learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition with liberty to approach the appellate authority and he has also made an endorsement to that effect, as under:

"I am withdrawing the above writ petition with liberty to approach the appellate authority." 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the above submission and endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn, with liberty as aforestated, if so advised. Further, 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. Besides, in the event of the petitioner preferring an appeal within a period of one week from today, the same shall be considered by the appellate authority, without reference to limitation aspect. No costs. Connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar cad

To The Secretary Revenue Department State of Tamil Nadu Fort St. George, Chennai 600 009 The District Collector Kancheepuram District, Kancheepuram The Tahsildar Tiruporur, Kancheepuram District The Managing Director State Industries Promotion Corporation of Tamil Nadu Ltd. 19A Rukmani Lakshmipathy Road, Chennai 600 008 The Revenue Inspector Kelambakkam Tiruporur Taluk, Tiruporur, Kancheepuram District The Village Administrative Officer No.15, Muttukadu No.14, Kazhipattu Tiruporur Taluk, Kancheepuram District.

1 cc to Mr. V. Kadhirvelu,Advocate, SR.No.20952 W.P. No.11159 of 2015 nm(co) pmk.17.4.2015