Krishnan 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 Krishnan ... Petitioner Vs.

1.The District Collector, Villupuram District.

2.The Tahsildar, Melmalaiyanur Taluk, Villupuram District.

3.The Block Development Officer, Melmalaiyanur Taluk, Villupuram District.

4.The Village Administrative Officer, Thayanur Village and Post, Melmalaiyanur Taluk, Villupuram District.

5.Murugan 6.Chinnakuzhanthai 7.Chinnapappa 8.Vijayakumar ... Respondents Page Nos.1/5

Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 4 to survey and remove the encroachment made in the "Vellavaari Odai" situated in Government Poramboke land in Survey Nos.172/6A & 6B, 173/1 & 2 and 171/1A & 172/3A situated in one kilometre distance from the road from Thayanur to Avalurpettai in Thayanur Village, Melmalaiyanur Taluk, Villupuram District and to bring the land to its original form by considering the petitioner's representations dated 11.03.2024 and 03.07.2024.

For Petitioner :

Mr.C.Ramaraj

ORDER

[Order of the Court was made by M.SUNDAR, J.,] After some arguments, Mr.C.Ramaraj, 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) primarily owing to the reason that there is a reference to a representation dated 11.03.2024 but the same has not been annexed qua the typed set of papers. Ideally, Registry ought not to have numbered the WP and Page Nos.2/5

should have raised an objection. Be that as it may, endorsement made by learned counsel on record for writ petitioner in the case file is as follows:

2. Learned counsel for writ petitioner sought leave of this Court to preserve all the rights and contentions of the writ petitioner to file another writ petition on the same cause of action i.e., same subject but by enclosing representation dated 11.03.2024 and making a suitable prayer. This request is acceded to. Page Nos.3/5

3. In the light of the narrative thus far, captioned WP is disposed of as withdrawn/closed albeit with preservation of rights of the writ petitioner in the aforesaid manner. 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, Villupuram District.

2.The Tahsildar, Melmalaiyanur Taluk, Villupuram District.

3.The Block Development Officer, Melmalaiyanur Taluk, Villupuram District.

4.The Village Administrative Officer, Thayanur Village and Post, Melmalaiyanur Taluk, Villupuram District.

Page Nos.4/5

M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mmi 20.03.2025 Page Nos.5/5