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Madras High CourtWP/10666/2025withdrawn dismissed

Kalvinathan v. The District Collector

2025-03-26Honourable Mr Justice M. Sundar,Honourable Mrs Justice K. Govindarajan Thilakavadi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2025

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI Kalvinathan S/o.Chinnasamy ... Petitioner vs.

1. The District Collector Salem Salem District

2. The Sub-Collector Mettur Taluk Salem Salem District

3. The Tahsildar Omalur Taluk Salem District

4. The Assistant Director Salem Collectorate Salem, Salem District

5. The Block Development Officer (Village Panchayat) Page Nos.1/5

Omalur Omalur Taluk, Salem District

6. Asaithambi @ Chinnakavan 7.Rajamani

8. Loganathan S/o.Chinnasamy ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 5 to conduct survey and remove the encroachment made in Survey No.49, 60, 60/2, 79, 82, 83 and 84 by respondents 6 to 8 and others at Sakkarai Chettipatti Village, Omalur Taluk, Salem District by considering the petitioner's representation dated 12.02.2025 and 04.03.2025. For Petitioners :

Mr.D.Veerasekharan For Respondents :

Mr.M.Elango

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] Writ petitioner has not stated either in the writ affidavit or in the representation as to how the writ petitioner is affected. It appears that the writ petitioner is espousing a public cause qua a public land. Page Nos.2/5

2. Faced with the above situation, Mr.M.Elango, learned counsel for writ petitioner sought leave of this Court to withdraw the captioned writ petition but made a plea to preserve all the rights and contentions of the writ petitioner to pursue a 'Public Interest Litigation' ['PIL']. Request acceded to.

3. The endorsement made by learned counsel in the case file is as follows:

4. In the light of the narrative thus far, captioned writ petition is disposed of as withdrawn/closed preserving all the rights and contentions of writ petitioner and/or any one concerned for that matter to file a PIL on the same cause of action /same subject. There shall be no order as to costs. (M.S.,J.) (K.G.T.,J.) 26.03.2025 gpa Page Nos.3/5

To

1. The District Collector Salem Salem District

2. The Sub-Collector Mettur Taluk Salem Salem District

3. The Tahsildar Omalur Taluk Salem District

4. The Assistant Director Salem Collectorate Salem, Salem District

5. The Block Development Officer (Village Panchayat) Omalur Omalur Taluk, Salem District Page Nos.4/5

M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., gpa 26.03.2025 Page Nos.5/5