Bathiri Alies Bathiriammal Alies Badrammal, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 24.11.2020
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MRS. JUSTICE R.HEMALATHA WP.No.16528/2020 & WMP.No.20508/2020 Bathiri @ Bathiriammal @ Badrammal ..Petitioner
Versus
1. The District Collector Coimbatore District Coimbatore.
2. The Tahsildar Taluk Office Mettupalayam Taluk Coimbatore District.
3. The Revenue Inspector Mettupalayam Taluk Coimbatore District.
..Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records pertaining to the impugned notice issued by the 3rd respondent dated 21.10.2020 and quash the same and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner of the schedule mentioned property. For Petitioner :
Mr.G.Karthikeyan For Respondents:
Mr.M.Elumalai Additional Government Pleader
ORDER
[Order of the Court was made by M.SATHYANARAYANAN, J.] (1)The matter in issue pertains to initiation of action by the 3rd respondent under Section 5 of the Tamil Nadu Land Encroachment Act, 1095.
(2)The learned counsel for the petitioner, after some arguments, seeks the permission of this Court to withdraw this writ https://hcservices.ecourts.gov.in/hcservices/
petition, with a liberty to avail the alternative remedy available under Sections 10 and 10-B of the Tamil Nadu Land Encroachment Act, 1905, before the 1st respondent / Appellate Authority and also undertakes to send an E-Mail to the Registry of this Court to that effect.
(3)The Court heard the submissions of Mr.M.Elumalai, learned Additional Government Pleader accepting notice on behalf of the respondents.
(4)In the light of the same, this writ petition is dismissed as withdrawn and the liberty sought for by the petitioner, is granted. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To
1. The District Collector Coimbatore District Coimbatore.
2. The Tahsildar Taluk Office Mettupalayam Taluk Coimbatore District.
3. The Revenue Inspector Mettupalayam Taluk Coimbatore District.
+1cc to M/s.G.Karthikeyan, Advocate, S.R.No.37722 +1cc to the Government Pleader, S.R.No.38239 WP.No.16528 OF 2020 KV(CO) RV(18/12/2020) https://hcservices.ecourts.gov.in/hcservices/