R.Gunasekaran v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.10.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.15153 of 2015 and M.P.Nos.1 and 2 of 2015 1.R.Gunasekaran 2.D.Jayanthi 3.G.Karthikeyan 4.D.Elumalai 5.B.Kuppan 6.K.Deepan 7.D.Kubendran 8.P.Radha 9.R.Jeeva 10.N.Rajendran 11.N.Vanitha 12.M.Komala 13.M.Parthiban 14.D.Moorthi 15.S.Vadivelu 16.V.Dilli Kumar 17.M.Vanaroja 18.P.Damu 19.Vitla .. Petitioners -vs1.The District Collector, 2.The Revenue Divisional Officer, 3.The Tahsildar, 4.The Inspector of Police, Sevvapet Police Station, Tiruvallur District.

.. Respondents

Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records of the 3rd respondent herein by his proceedings dated 25.03.2015 issued under Section 6 of the Land Encroachment Act and quash the same as illegal and without jurisdiction and further direct the 3rd respondent herein to grant Patta in accordance with the Government Scheme. For Petitioner :

Mr.I.Paranthamen For Respondents :

Mr.T.N.Rajagopalan Spl.G.P.

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) After some hearing, learned counsel for the petitioner seeks to withdraw the petition to avail of the appellate remedy under Section 10 of the Land Encroachment Act, 1905. 2.Writ petition is, thus, dismissed as withdrawn in terms aforesaid. No costs.

3.The interim order shall continue to enure for the benefit of the petitioner for a period of two (2) weeks from today to facilitate the petitioner to file the appeal with a stay application, making it clear that the extension of stay is no reflection on the merits of the controversy and the appellate authority will take its own decision on the stay application. The miscellaneous petitions are, accordingly, disposed of. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sra To 1.The District Collector, 2.The Revenue Divisional Officer,

3.The Tahsildar, 4.The Inspector of Police, Sevvapet Police Station, Tiruvallur District.

+1cc to Mr.I.Paranthamen, Advocate Sr.58815 W.P.No.15153 of 2015 trm[co] srg 24/10/2016