Sundaram v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2025

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and W.M.P. Nos.18213, 18215 and 18217 of 2025 Sundaram ... Petitioner Vs.

1.The District Collector, O/o.District Collectorate, Cuddalore District.

2.The Revenue Divisional Officer, O/o. Revenue Divisional Office, Chidambaram, Cuddalore District.

3.The Revenue Tahsildar, Taluk Office, Srimushnam Taluk, Cuddalore District.

... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for records pertaining to the impugned notice dated 16.12.2024 issued under Section 7 of Tamil Nadu Land Encroachment Act, 1905 and the consequent final notice dated 29.01.2025 issued under Section 6 of Tamil Nadu Land Encroachment Act, 1905 issued by the third respondent and quash the Page Nos.1/5

same and further direct the respondents to issue patta for the land admeasuring 0.04.0 Ares comprised in S.F.No.15 now described as Mandaveli poramboke situated at Sathavattam Village, Srimushnam Taluk, Cuddalore District.

For Petitioner :

Mr.G.Pugazhenthi

ORDER

[Order of the Court was made by M.SUNDAR, J.,] After some arguments, Mr.G.Pugazhenthi, 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 the captioned 'Writ Miscellaneous Petitions' {hereinafter 'WMPs' for the sake of brevity} thereat but made a further plea to preserve all the rights and contentions of the writ petitioner to pursue alternate remedy by way of 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}. This request is acceded to.

Page Nos.2/5

2. Learned counsel on record for writ petitioner made an endorsement in the case file and a scanned reproduction of the same is as follows:

3. In the light of the narrative thus far, captioned main WP and captioned WMPs thereat are disposed of as withdrawn/closed albeit Page Nos.3/5

with preservation of rights in the aforesaid manner. There shall be no order as to costs.

(M.S.,J.) (H.C.,J.) 02.06.2025 Index : Yes / No mmi To 1.The District Collector, O/o.District Collectorate, Cuddalore District.

2.The Revenue Divisional Officer, O/o. Revenue Divisional Office, Chidambaram, Cuddalore District.

3.The Revenue Tahsildar, Taluk Office, Srimushnam Taluk, Cuddalore District.

Page Nos.4/5

M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., mmi 02.06.2025 Page Nos.5/5