A.Palanisamy v. Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2015
CORAM:
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE DR.JUSTICE P. DEVADASS W.P.No.37034 of 2014 A. Palanisamy ... Petitioner Vs 1 Secretary to Government Government of Tamilnadu, Revenue Department Fort St. George Chennai-600 009.
2 The Collector Namakkal District, Namakkal.
3 The Tahsildar Tiruchengode Taluk Namakkal District.
4 The Revenue Divisional Officer Tiruchengode Taluk, Namakkal District.
5 The Revenue Inspector Pallipalayam , Tiruchengode Taluk, Namakkal District.
6 T.Velayutham 7 R.Ravi ... Respondents Writ petition filed under Article 226 of the Constitution seeking for the issuance of a writ of certiorarified mandamus
to call for the records of the 2nd respondent made in his proceedings in Na.Ka.No. 643/2015/L5, dated 28.09.2015 and the consequential notice of the 5th respondent dated 20.10.2015 and quash the same and consequently direct the respondents to assign the lands in S.No.232/5 Alampalayam Village, Tiruchengode Taluk, Namakkal District measuring an extent of 0.35 cents by granting necessary patta within a time frame. For Petitioner : Mr. Babu Barveez for M/s. Profexs Associates For Respondents: Mrs. A. Srijayanthi Spl. Govt. Pleader R1 to R5
ORDER
(Order of the Court was delivered by SATISH K. AGNIHOTRI,J.,) The learned counsel for the petitioner submits that the order dated 28.09.2015 passed by the second respondent/ District Collector, is revisable under Rule 10 of the Tamil Nadu Panchayat (Restriction and Control to Regulate the use of Porambokes in Ryotwari Tracts) Rules 2000 and seeks permission to withdraw the writ petition with liberty to take recourse to the aforestated forum. He has also made an endorsement to that effect, as under:
" The petitioner seeks withdraw the writ petition with liberty to approach the Land Commissioner (Revisional Authority) challenging the impugned order of the District Collector."
In view of the above submission and endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn with liberty as aforestated, if so advised. It is made clear that for a period of two weeks from today, i.e., 24 November 2015, status quo as obtained today, in
respect of the property in question, shall be maintained by both the parties. Connected miscellaneous petitions are also dismissed. No costs.
Sd/- Assistant Registrar(CO) True Copy Sub Assistant Registrar To 1 The Secretary to Government Government of Tamilnadu, Revenue Department Fort St. George Chennai-600 009.
2 The Collector Namakkal District, Namakkal.
3 The Tahsildar Tiruchengode Taluk Namakkal District.
4 The Revenue Divisional Officer Tiruchengode Taluk, Namakkal District.
5 The Revenue Inspector Pallipalayam , Tiruchengode Taluk, Namakkal District.
+1cc to M/S.Profexs Associates, Advocate Sr.64121[30/11/2015] + 1 cc to The Govt.Pleader, Sr 64258 (7/1/16) W.P. No.37034 of 2015 srg 24/11/2015