S.Prakash v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI & W.M.P.No.17545 of 2024 in W.P.No.16043 of 2024 & W.M.P.No.17550 of 2024 in W.P.No.16047 of 2024 & W.M.P.No.17555 of 2024 in W.P.No.16049 of 2024 S.Prakash ... Petitioner in W.P.No.16043 of 2024 S.Sivanandam ... Petitioner in W.P.No.16047 of 2024
1. K.E.Rajamanickam
2. K.E.Periyasaamy ... Petitioner in W.P.No.16049 of 2024 Vs.
1. The Government of Tamil Nadu Rep. By its Principal Secretary to Government Department of Revenue and Disaster Management Fort St.George Chennai - 600 009 Page Nos.1/8
2. The District Collector State Highway 96 Opp. District Court Palayapalayam Erode - 638 011
3. The Tahsildar Anthiyur Circle Erode District - 638 501
4. The Assistant Engineer Water Resources Department Anthiyur Erode - 638 501 ... Respondents Prayer in W.P.No.16043 of 2024 :
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to not to disturb the peaceful possession of land in Survey Nos.367/1B & 1D and Survey No.366/2, Ennamangalam, Anthiyur Village, Erode District until the disposal of statutory revision preferred by the petitioner under Section 10-A of the Tamil Nadu Land Encroachment Act, 1905 dated 25.05.2023 pending on the file of the 1st respondent. Prayer in W.P.No.16047 of 2024 :
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to not to disturb the peaceful possession of the petitioner's cultivation land in Survey Nos.367/7 and 367/1A Ennamangalam, Anthiyur Village, Erode District pending disposal of statutory revision preferred by Page Nos.2/8
the petitioner under Section 10-A of the Tamil Nadu Land Encroachment Act, 1905 dated 25.05.2023 pending on the file of the 1st respondent. Prayer in W.P.No.16049 of 2024 :
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to not to disturb the peaceful possession of the petitioner's cultivation land in Survey Nos.367/7 and 367/1A Ennamangalam, Anthiyur Village, Erode District pending disposal of statutory revision preferred by the petitioner under Section 10-A of the Tamil Nadu Land Encroachment Act, 1905 dated 25.05.2023 pending on the file of the 1st respondent. For Petitioners :
Mr.Naveen Kumar Murthy for Mr.Mahamani For Respondents :
Mr.P.Balathandayutham Special Government Pleader C O M M O N O R D E R [Order of the Court was made by M.SUNDAR, J.,] After some arguments by Mr.Navin Kumar Moorthy, Mr.Mahamani, counsel on record for writ petitioner sought leave of this Court to withdraw the captioned 'writ petitions' ['WPs' in plural and 'WP' in singular for the Page Nos.3/8
sake of brevity] but made a plea to preserve the rights of the writ petitioner to move a petitions for interim order under Section 10-B of 'The Tamil Nadu Land Encroachment Act, 1905' [hereinafter 'said Act' for the sake of brevity]', saying so, learned counsel on record Mr.Mahamani has made endorsements in the case files, scanned reproduction of which are as follows:
W.P.No.16043 of 2024 W.P.No.16047 of 2024 Page Nos.4/8
W.P.No.16049 of 2024
2. In the light of the narrative thus far, captioned three WPs and three 'Writ Miscellaneous Petitions' ['WMPs' for the sake of brevity] thereat are disposed of as closed / withdrawn albeit preserving all the rights and contentions of the writ petitioners in the main revision now pending before R1 as well as rights of the writ petitioners to move R1 under Section 10-B of said Act seeking interim orders. We make it clear that we have not expressed any view or opinion on the merits of the matter and if the petitioner moves under Section 10-B of said Act, the same shall be considered on its own merits and in accordance with law by R1. The main revisions under Section 10-A of said Act are dated 25.05.2023 qua Page Nos.5/8
W.P.Nos.16043 and 16047 of 2024 and 18.08.2023 qua W.P.No.16049 of 2024 and therefore the same are pending for more than/nearly one year, it is open to R1 to consider and dispose of the same as expeditiously as the business of R1 would permit (obviously on its own merits and in accordance with law) as we have not expressed any view or opinion on the merits of the matter.
3. All these captioned WPs and WMPs thereat are disposed of as closed/withdrawn albeit with preservation of rights in aforementioned manner. There shall be no order as to costs.
(M.S.,J.) (K.G.T.,J.) 24.06.2024 Index : Yes / No gpa Page Nos.6/8
To
1. The Government of Tamil Nadu Rep. By its Principal Secretary to Government Department of Revenue and Disaster Management Fort St.George Chennai - 600 009
2. The District Collector State Highway 96 Opp. District Court Palayapalayam Erode - 638 011
3. The Tahsildar Anthiyur Circle Erode District - 638 501
4. The Assistant Engineer Water Resources Department Anthiyur Erode - 638 501 Page Nos.7/8
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., gpa 24.06.2024 Page Nos.8/8