Shanmugam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2025

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and W.M.P. Nos.10468 and 10469 of 2025 in W.P.No.9320 of 2025 Shanmugam ... Petitioner Vs.

1.The District Collector, Dharmapuri District.

2.The Revenue Divisional Officer, Harur, Dharmapuri District.

3.The Tahsildar, Harur Taluk, Dharmapuri District.

4.The Revenue Inspector, Theerthamalai, Dharmapuri District.

... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records of the third respondent under Section 6 of Tamil Nadu Land Encroachment Act, 1905 dated 31.12.2024 and to quash the same.

Page Nos.1/4

For Petitioner :

Mr.J.Pradeep

ORDER

[Order of the Court was made by M.SUNDAR, J.,] After some arguments, Mr.J.Pradeep, learned counsel on record for writ petitioner sought leave of this Court to withdraw captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity) and 'Writ Miscellaneous Petitions' (hereinafter 'WMPs' for the sake of brevity) thereat but made a plea to preserve all the rights and contentions of the writ petitioner to prefer 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}. Saying so, learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows: Page Nos.2/4

2. In the light of the narrative thus far, captioned main WP and WMPs thereat are disposed of as closed/withdrawn albeit preserving all the rights and contentions of the writ petitioner to prefer appeal under Section 10 of said 1905 Act together with condonation of delay petition if so advised and so desired. Such condonation of delay petition shall be dealt with on its own merits and in accordance with law by the appellate authority. There shall be no order as to costs. (M.S.,J.) (K.G.T.,J.) 20.03.2025 Index : Yes / No mmi To 1.The District Collector, Dharmapuri District.

2.The Revenue Divisional Officer, Harur, Dharmapuri District.

3.The Tahsildar, Harur Taluk, Dharmapuri District.

4.The Revenue Inspector, Theerthamalai, Dharmapuri District.

Page Nos.3/4

M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mmi 20.03.2025 Page Nos.4/4