S.Sivashanmugabalasubramaniyan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI S. Sivashanmuga Balasubramaniyan Trustee Arupathu Moovar Mutt (Moolanur Muthusamy Gounder Trust) Opposite to Arulmighu Mahudeswarar Veeranarayana Perumal Temple Petitioner vs.

1.

The District Collector Erode The Superintending Engineer Middle Cauvery Basin Circle The Tahsildar Kodumudi Taluk The Assistant Engineer Public Works Department River Conservation Division Karur Page Nos.1/6

5.

The Executive Officer Kodumudi Town Panchayat (Selection Grade) 6.

The Executive Engineer River Conservancy Division Cantonment Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus seeking to dispose the revision petition dated 13.12.2024 filed under Section 10-A of the Tamil Nadu Land Encroachment Act, 1905, filed by the petitioner pending before the 2nd respondent.

For petitioner Mr. S. Arunprasath

ORDER

[made by M. SUNDAR, J.) After some arguments, Mr. S. Arunprasath, learned counsel on record for writ petitioner, sought leave of this Court to withdraw the captioned 'writ petition' (hereinafter 'WP' for the sake of brevity) as inter alia there is nothing to demonstrate that statutory appeal under Section 10-A of the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905) has been filed before the Commissioner of Land Page Nos.2/6

Administration (hereinafter 'CLA' for the sake of brevity) who has not been arrayed as a respondent. Learned counsel made a fervent request to preserve all the rights and contentions of the writ petitioner to file another writ petition on the same cause inter alia with acknowledgment to demonstrate filing before CLA, return by CLA, etc. Request acceded to.

A scanned reproduction of the endorsement made by the learned counsel in the case file is as follows: Page Nos.3/6

In the light of the narrative thus far, captioned WP stands disposed of as closed/withdrawn albeit with preservation of all rights and contentions in the aforesaid manner. There shall be no order as to costs.

(M.S., J.) (K.G.T., J.) 02.04.2025 cad Index :

Yes/No NC :

Yes/No Page Nos.4/6

To:

1.

The District Collector Erode The Superintending Engineer Middle Cauvery Basin Circle The Tahsildar Kodumudi Taluk The Assistant Engineer Public Works Department River Conservation Division Karur 5.

The Executive Officer Kodumudi Town Panchayat (Selection Grade) 6.

The Executive Engineer River Conservancy Division Cantonment Page Nos.5/6

M.SUNDAR, J.

and K. GOVINDARAJAN THILAKAVADI, J.

cad 02.04.2025 Page Nos.6/6