S.Salai Kavimani v. The District Collector
2024:MHC:2824
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :22.07.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI S.Salai Kavimani ... Petitioner Vs.
1.
The District Collector O/o. The Vellore District Collectorate Vellore - 632 012 2.
The Revenue Divisional Officer O/o.Revenue Divisional Office Vasanthapuram Kosapet, Vellore - 632 001 3.
The Tahsildar O/o.Anaicut Taluk Office Anaicut, Vellore Distirct - 632 101 4.
The Assistant Director Land Survey Records Department District Collectorate Building Sathuvachari, Vellore - 632 101 Page Nos.1/6
5. The Divisional Engineer (H) C & M O/o. The Divisional Engineer West Main Road Suthanthira Ponvizha Nagar Gandhi Nagar West, Katpadi, Vellore - 632 006
6. The Assistant Engineer (H) C&M Office of the Assistant Engineer (H) Construction and Maintenance Sub Division Vellore - 632 009
7. Mr.Dhayalan ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 24.05.2021. For Petitioner :
Mr.M.Samuel Raja For Respondents :
Mr.T.K.Saravanan Government Advocate R1 to R6
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] After some arguments Mr.M.Samuel Raja, learned counsel on record for writ petitioner sought leave of this Court to withdraw the captioned 'Writ Petition' ['WP' for the sake of brevity] as there is lack of clarity on the part of the writ petitioner regarding who would be the Authority who is vested with the powers qua alleged encroachment in National Highways. To be Page Nos.2/6
note, in paragraph 3 of the support affidavit there is a categoric averments by the writ petitioner that the alleged encroachment by R7 (private respondent) is in National Highways.
2. In the light of the narrative thus far, learned counsel made an endorsement in the case file and a scanned reproduction of the same is as follows:
3. Learned counsel Mr.M.Samuel Raja made a request to preserve all the rights and contentions of the writ petitioner to file another writ petition and/or seek any other remedy available in law on the same cause of action. This request for preservation of rights is acceded to. Page Nos.3/6
Captioned WP disposed of as closed/withdrawn albeit with preservation of rights of the writ petitioner in the aforesaid manner. Though obvious we make it clear that we have not expressed any view or opinion on the merits of the matter in this order. There shall be no order as to costs. (M.S.,J.) (K.G.T.,J.) 22.07.2024 Index : Yes / No Speaking / Non-speaking order gpa Page Nos.4/6
To 1.
The District Collector O/o. The Vellore District Collectorate Vellore - 632 012 2.
The Revenue Divisional Officer O/o.Revenue Divisional Office Vasanthapuram Kosapet, Vellore - 632 001 3.
The Tahsildar O/o.Anaicut Taluk Office Anaicut, Vellore Distirct - 632 101 4.
The Assistant Director Land Survey Records Department District Collectorate Building Sathuvachari, Vellore - 632 101
5. The Divisional Engineer (H) C & M O/o. The Divisional Engineer West Main Road Suthanthira Ponvizha Nagar Gandhi Nagar West, Katpadi, Vellore - 632 006
6. The Assistant Engineer (H) C&M Office of the Assistant Engineer (H) Construction and Maintenance Sub Division Vellore - 632 009 Page Nos.5/6
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., gpa 22.07.2024 Page Nos.6/6