Madras High CourtWP/37531/2015disposed of

P.Ramar, v. The District Collector,

2015-11-25Honourable Dr. Justice P. Devadass,Honourable Mr Justice Satish K. Agnihotri2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2015

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE DR. JUSTICE P. DEVADASS W.P. No.37531 of 2015 and M.P. No.1 of 2015 P. Ramar Petitioner Vs.

1 The District Collector, Erode District, Erode 638 011.

2. The Tahsildar, Anthiyur Taluk, Erode District.

3. The Revenue Inspector, Anthiyur, Erode District.

Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Certiorari calling for the records relating to the impugned order dated 16.11.2015 issued by the 2nd respondent under Sec.6 of the Land Encroachment Act 1905, quash the same as illegal and issued in violation of the law declared by the Honourable Full Bench in T.Ramaraju Vs. The State of Tamilnadu and others (2005 (2) CTC 741). For petitioners Mr. N. Manokaran For respondents Mr.P.S.Sivashanmugasundaram Special Government Pleader

O R D E R

(delivered by SATISH K. AGNIHOTRI, J.) Learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition with liberty to take recourse to the appropriate appellate forum and has also made an endorsement to that effect, as under: https://hcservices.ecourts.gov.in/hcservices/

" I may permitted to withdraw this writ petition with liberty to file an appeal under Section 10 before R1. Original order may be handed over to me."

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the above submission and endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn with liberty as aforestated, if so advised.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., 25 November 2015, status quo as obtained today, in respect of the property in question, shall be maintained by both the parties. Connected miscellaneous petition is also dismissed. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar ra To 1 The District Collector, Erode District, Erode 638 011.

2. The Tahsildar, Anthiyur Taluk, Erode District.

3. The Revenue Inspector, Anthiyur, Erode District.

+1 cc to Mr.N.Manoharan, Advocate, sr.64107 +1 cc to The Government Pleader, sr.64246 W.P. No.37531 of 2015 kk co kra 16.12.2015 https://hcservices.ecourts.gov.in/hcservices/