N.Siva Kumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI W.P.No.9160 of 2025 N. Siva Kumar Petitioner vs.

1.

The District Collector Collector Office Dharmapuri District 636 905 The District Revenue Officer Collector Office Complex Dharmapuri District 636 905 The Revenue Divisional Officer Harur Taluk Dharmapuri District 636 905 The Tahsildar Pappireddipatti Taluk Office Pappireddipatti Taluk Dharmapuri District 636 905 The Revenue Inspector Pappireddipatti Taluk Office Pappireddipatti Taluk Dharmapuri District 636 905 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the first respondent to dispose Page Nos.1/4

of the petitioner's appeal dated 13.02.2025 and not to evict the petitioner from S.No.191/8 in Irulapatti Village, Pappireddipatti Taluk, Dharmapuri District without giving petitioner an opportunity to raise objections.

For petitioner Mr. R. Sivashanmugam

ORDER

[made by M.SUNDAR, J.] After some arguments, Mr. S. Sivashanmugam, learned counsel on record for writ petitioner, sought leave of this Court to withdraw the captioned 'writ petition' (hereinafter 'WP' for the sake of brevity) but made a prayer to preserve all the rights and contentions of the writ petitioner to file a stay petition under Section 10-B of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' [for brevity 'said 1905 Act'] (stay pending appeal) before R1 (District Collector - Appellate Authority) in the appeal dated 13.02.2025 which has already been preferred.

Request acceded to.

Page Nos.2/4

A scanned reproduction of the endorsement made by learned counsel is as follows:

We make it clear that we have not expressed any view or opinion on the merits of the matter and the appeal will proceed on its own merits and in accordance with law.

In the light of the narrative thus far, captioned WP stands disposed of as withdrawn/closed albeit with preservation of rights and contentions in the aforesaid manner. There shall be no order as to costs.

(M.S., J.) (K.G.T., J.) 19.03.2025 cad Index :

Yes/No NC :

Yes/No Page Nos.3/4

M.SUNDAR, J.

and K. GOVINDARAJAN THILAKAVADI, J.

cad To:

1.

The District Collector Collector Office Dharmapuri District 636 905 The District Revenue Officer Collector Office Complex Dharmapuri District 636 905 The Revenue Divisional Officer Harur Taluk Dharmapuri District 636 905 The Tahsildar Pappireddipatti Taluk Office Pappireddipatti Taluk Dharmapuri District 636 905 The Revenue Inspector Pappireddipatti Taluk Office Pappireddipatti Taluk Dharmapuri District 636 905 19.03.2025 Page Nos.4/4