T.Balakrishnan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE:10-06-2015
CORAM:
THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE M. VENUGOPAL W.P.No.14997 of 2015 and M.P.Nos.1 to 3 of 2015 T.Balakrishnan S/o.Thangamuthu NO.50/25 Varun Flats Venugopal Street Mogappair East, Chennai-37
...Petitioner
Vs 1 The District Collector Thiruvallur District Thiruvallur 2 The Revenue Divisional Officer Ponneri Division, Ponneri 3 The Assistant Divisional Engineer Highways Dept. Construction and Maintenance Metropolitan Road Sub Division I, Saidapet, Chennai-15 4 The Tahsildar Ambattur Taluk Thiruvallur District
...Respondents
Petition filed under Article 226 of the Constitution of India praying for a writ of certiorari calling for the records of the 4th respondent's notice dated 15.4.2015 under Ref. No.5622/ 2014/C-1 allegedly issued under section 6 of the Tamil Nadu Land Encroachment Act 1905 and quash the same as illegal and invalid and not binding on the petitioner
For petitioner :
Mr. B. Balachander For respondents :
Mr. P.S. Shivashanmugha Sundaram, Spl.G.P.
ORDER
(Order of the Court is made by SATISH K. AGNIHOTRI,J.) The petitioner seeks permission to withdraw this petition with liberty to take recourse to the appellate forum with a direction to consider the appeal within a stipulated time. An endorsement to this effect has also been made as under:
"Since the challenging impugned order of the present writ petition u/s 10(a) of the Tamil Nadu Encroachment Act. Hence the petitioner prays the liberty ot not press the writ petition and to agitate before the appellate authority."
2.
We, accordingly, dismiss the writ petition as withdrawn, with liberty as aforestated, if so advised. It is needless to state that if an appeal is filed along with the application for interim relief, the officers are well advised to consider the application for interim relief to avoid further complications at the earliest, preferably within a period of two weeks, from today and also to consider the appeal within the statutory period prescribed under the provisions of law, on its own merits and in accordance with law. There shall be an order of status quo as on today for a period of two weeks. No costs. The connected miscellaneous petitions are also dismissed.
Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar glp
To 1 The District Collector Thiruvallur District Thiruvallur 2 The Revenue Divisional Officer Ponneri Division, Ponneri 3 The Assistant Divisional Engineer Highways Dept. Construction and Maintenance Metropolitan Road Sub Division I, Saidapet, Chennai-15 4 The Tahsildar Ambattur Taluk Thiruvallur District.
2 CCs to Mr.Ashok Menon, Advocate SR.No. 27870 1 CC to the Government Pleader, SR.No. 28075 W.P.No.14997 of 2015 SV - I (CO) PSI (19.06.2015)