Eruapalayam Kongu Nadar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.07.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and W.M.P.Nos.20678 & 20681 of 2024 in W.P.No.18851 of 2024 Erumapalayam Kongu Nadar Samuga Nala Arakattalai Represented by its President S.Perumal @ Raja S/o.Sengodan 3/392, Sengodan Thottam Erumapalayam, Salem - 15.
... Petitioner Vs.
1.The District Collector Office of District Collector, Salem-1.
2.The Revenue Divisional Officer Office of Revenue Divisional Officer, Salem-5. 3.The Thasildar Office of Thasildar Hasthampatti, Salem-7.
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4.The Revenue Inspector Salem Town, Salem.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records with respect to the impugned proceedings of the 3rd respondent dated 03.07.2024 in Na.Ka.1628/2024(A2) and quash the same and pass orders on the same within a reasonable period as fixed by this Court and pass such further or other orders as this Court may deem fit and proper in circumstances of the case. For Petitioner :
Mr.R.Nalliyappan For Respondents :
Mr.P.Balathandayutham Special Government Pleader
ORDER
[Order of the Court was made by M.SUNDAR, J.,] After some arguments, Mr.R.Nalliyappan, learned counsel for writ petitioner sought leave of this Court to withdraw the captioned 'Writ Petition' [hereinafter 'WP' for the sake of brevity] and captioned 'Writ Miscellaneous Petitions' [hereinafter 'WMPs' for the sake of brevity] thereat. Saying so, the learned counsel has made three endorsements in the case files (i.e., WP and WMPs) and scanned reproduction of the same is as follows : Page Nos.2/8
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2. Learned counsel on record for the writ petitioner made a fervent plea to preserve all rights and contentions of writ petitioner to carry the matter in statutory appeal to the 'appellate authority' i.e., 'R1, The District Collector, Office of District Collector, Salem-1'.
3. This Court has repeatedly held that 'The Tamil Nadu Land Encroachment Act, 1905 (Act III of 1905)' [hereinafter '1905 Act' for the sake of brevity, convenience and clarity] is a self-contained Code.
4. In the light of narrative thus far, captioned WP and WMPs thereat are disposed of as closed/withdrawn albeit preserving all the rights and contentions of the writ petitioner (though obvious, at the request of learned counsel for writ petitioner, we make it clear that such preservation of rights and contentions include grounds raised in the captioned WP) for canvassing the same in an appeal which the writ petitioner intends to file under Section 10 of 1905 Act before the District Collector. There shall be no order as to costs. Though obvious, we make it clear that we have not expressed any view or opinion on the merits of the matter.
(M.S.,J.) (K.G.T.,J.) 09.07.2024 Index : Yes ds Page Nos.6/8
To:
1.The District Collector Office of District Collector, Salem-1.
2.The Revenue Divisional Officer Office of Revenue Divisional Officer, Salem-5. 3.The Thasildar Office of Thasildar Hasthampatti, Salem-7.
4.The Revenue Inspector Salem Town, Salem.
Page Nos.7/8
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., ds W.P.18851 of 2024 09.07.2024 Page Nos.8/8