A.Udhaya v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.06.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and W.M.P.Nos.16417, 16419 & 16421 of 2024 in 1.
A.Udhaya W/o.T.Ashok 2.
A.Santhanamari W/o.T.Anand ... petitioners Vs.
1.
The District Collector 2.
The Sub Collector Tindivanam.
3.
The Block Development Officer (Village Panchayat) Ollakur Panchayat Union Tindivanam.
Page Nos.1/4
4.
The Superintendent of Police 5.
The Revenue Tahsildar Taluk Office, Tindivanam Villupuram District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to the impugned notices of the 3rd respondent under Section 7 of the Tamil Nadu Act 3 of 1905 dated 01.12.2023 and notice under Section 6 of the Tamil Nadu Act 3 of 1905 dated 15.12.2023 and quash the same. For Petitioners :
Mr.K.R.Samratt represnting Mr.H.Rajasekar For Respondents :
Mr.T.K.Saravanan Government Advocate
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] As against the impugned order there is an appeal remedy for the writ petitioners vide Section 10 of 'the Land Encroachment Act, 1905' [hereinafter 'said Act' for the sake of convenience and clarity] and that the appeal lies to the first respondent - District Collector. Page Nos.2/4
2. Faced with the above situation, learned counsel on record for writ petitioners sought leave of this Court to withdraw the captioned writ petition but made a request to preserve the rights of the writ petitioners to pursue the appeal remedy. Learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows: In the light of the narrative thus far, captioned Writ Petition and Writ Miscellaneous Petitions are disposed of as closed / withdrawn albeit preserving rights of the writ petitioners to pursue appeal remedy vide Section 10 of said Act. There shall be no order as to costs. (M.S.,J.) (K.G.T.,J.) 12.06.2024 Index : Yes / No Speaking / Non-speaking mk Page Nos.3/4
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mk To 1.
The District Collector 2.
The Sub Collector Tindivanam.
3.
The Block Development Officer (Village Panchayat) Ollakur Panchayat Union Tindivanam.
4.
The Superintendent of Police 5.
The Revenue Tahsildar Taluk Office, Tindivanam Villupuram District.
12.06.2024 Page Nos.4/4