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Madras High CourtWP/27495/2017withdrawn dismissed

P.Arumugam, v. Commissioner Of Land

2018-02-16Honourable Mr Justice S. Vaidyanathan,Honourable Mr Justice M. Venugopal2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2018

CORAM:

THE HONOURABLE MR. JUSTICE M.VENUGOPAL AND THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN W.P.No.27495 of 2017 and WMP.Nos.29388, 29389 and 35277 of 2017 P.Arumugam ... Petitioner vs.

1.

The Commissioner of Land Administration, Chepauk, Chennai 600 005.

2.

The District Collector, Salem District, Salem.

3.

The District Revenue Officer, Salem.

4.

The Revenue Divisional officer, Mettur Dam, Salem District.

5.

The Tahsildar, Mettur Taluk, Salem District.

6.

The Revenue Inspector, Mettur, Salem District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorari, calling for the records pertaining to the (i) impugned notice dated 22.09.2017 issued under Section 7 of Tamil Nadu Encroachments Act by the 6th Respondent and (ii) Notice dated 16.10.2017 in Na.Ka.No.6427/2017/P5 issued under Section 6 of Tamil Nadu Encroachments Act, by the 5th Respondent against the Petitioner in respect of his property having an extent of 1.35 Acres, comprised in current New Town Survey No.7/74, Old Town Survey No.7/1, in Block No.9, Ward-B, Mettur Town, Salem District and quash the same.

For Petitioner :

Mr.P.Rajavel, for Mr.R.Neelakandan For Respondents :

Mr.R.Udaya Kumar, Additional Government Pleader https://hcservices.ecourts.gov.in/hcservices/

O R D E R

(Order of the Court was made by M.VENUGOPAL,J.) Today, Learned Counsel representing the Petitioner has made an endorsement in the Writ Petition to the following effect:

"To withdraw W.P.No.27495 of 2017 with liberty to file Appeal before the 2nd Respondent."

2.

Recording the aforestated fact and the endorsement so made, this Writ Petition is dismissed as withdrawn with liberty to the Petitioner to prefer an Appeal before the competent authority within 15 days from today, failing which, it is open to the Official Respondents to take further action pursuant to the impugned notice dated 16.10.2017 issued under Section 6 of Tamil Nadu Encroachments Act (Act III of 1905). No costs. Consequently, connected W.M.P.Nos.29388 and 29389 of 2017 and W.M.P.No.35277 of 2017 are closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To:

1.

The Commissioner of Land Administration, Chepauk, Chennai 600 005.

2.

The District Collector, Salem District, Salem.

3.

The District Revenue Officer, Salem.

4.

The Revenue Divisional officer, Mettur Dam, Salem District.

5.

The Tahsildar, Mettur Taluk, Salem District.

6.

The Revenue Inspector, Mettur,Salem District.

+1cc to Mr.R.Neelakandan, Advocate Sr.No.12211 GMR(CO) sm:19.2.2018 W.P.No.27495 of 2017 https://hcservices.ecourts.gov.in/hcservices/