Bharanidaran v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.04.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MS.JUSTICE R.N.MANJULA and W.M.P. No.13681 of 2025 in W.P. No.12120 of 2025 Bharanidaran ... Petitioner Vs.
1.The District Collector, Mayiladuthurai District, Mayiladuthurai.
2.The Revenue Divisional Officer, Mayiladuthurai Revenue Division, Mayiladuthurai District.
3.The Tahsildar, Sirkali Taluk, Sirkali, Mayiladuthurai District.
4.The Revenue Inspector, Vaitheeswarankoil Firka, Sirkali Taluk, Mayiladuthurai District.
... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records of the fourth Page Nos.1/5
respondent dated 20.03.2025 in respect of the land in Survey No.117/C of Natham Village, Sirkali Taluk, Mayiladuthurai District and quash the same.
For Petitioner :
Ms.Yoga Priya B
ORDER
[Order of the Court was made by M.SUNDAR, J.,] After some arguments, Ms.Yoga Priya B, learned counsel on record for writ petitioner sought leave of this Court to withdraw captioned 'Writ Petition' (hereinafter 'WP' for the sake of brevity) and captioned 'Writ Miscellaneous Petition' (hereinafter 'WMP' for the sake of brevity) thereat. Learned counsel made a plea to preserve all the rights and contentions of the writ petitioner including the rights and contentions raised in the instant matter to respond to the notice dated 20.03.2025 issued by R4 [The Revenue Inspector, Vaitheeswarankoil Firka, Sirkali Taluk, Mayiladuthurai District] as the same is a show cause notice under Section 7 of 'The Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity}. This request of the writ petitioner is acceded to. Page Nos.2/5
2. Learned counsel for writ petitioner made an endorsement in the case file and a scanned reproduction of the same is as follows:
3. In the light of the narrative thus far, captioned WP and captioned WMP thereat are disposed of as withdrawn/closed albeit with preservation of rights in the aforesaid manner. There shall be no order as to costs.
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4. Though obvious, we make it clear that if the writ petitioner responds to the show cause notice, the same shall be considered on its own merits and in accordance with law untrammelled by the withdrawal of the captioned WP and captioned WMP thereat. (M.S.,J.) (R.N.M.,J.) 07.04.2025 Index : Yes / No mmi To 1.The District Collector, Mayiladuthurai District, Mayiladuthurai.
2.The Revenue Divisional Officer, Mayiladuthurai Revenue Division, Mayiladuthurai District.
3.The Tahsildar, Sirkali Taluk, Sirkali, Mayiladuthurai District.
4.The Revenue Inspector, Vaitheeswarankoil Firka, Sirkali Taluk, Mayiladuthurai District.
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M.SUNDAR, J., and R.N.MANJULA, J., mmi 07.04.2025 Page Nos.5/5