A.Lakshmanan v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and W.M.P. Nos.24035, 24036 and 24038 of 2025 in W.P.No.21301 of 2025 1.A.Lakshmanan 2.L.Valliammal ... Petitioners Vs.
1.The District Collector, Office of the District Collector, Coimbatore.
2.The Assistant Director (Land Survey), Office of District Collector, Coimbatore.
3.Taluk Surveyor, Anaimalai, Coimbatore District.
4.The Tahsildar, Taluk Office, Anaimalai, Coimbatore District.
5.The Revenue Inspector, Anaimalai, Coimbatore District.
... Respondents Page Nos.1/6
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the entire records relating to the impugned notice dated 25.04.2025 under Section 7 of The Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905) issued by the fifth respondent to the first petitioner and consequently the notice issued by the fourth respondent dated 19.05.2025 under Section 6 of The Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905) to quash the same. For Petitioners :
Mr.C.Veera Raghavan
ORDER
[Order of the Court was made by M.SUNDAR, J.,] After some arguments, Mr.C.Veera Raghavan, learned counsel for writ petitioners sought leave of this Court to withdraw the captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity) and captioned 'Writ Miscellaneous Petitions' (hereinafter 'WMPs' for the sake of brevity) but made a plea to preserve all the rights and contentions of the writ petitioners to pursue statutory appeal remedy under Section 10 of 'The Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity}. This request is acceded to.
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2. Learned counsel on record for writ petitioners has made an endorsement in the case file and a scanned reproduction of the same is as follows:
3. In view of the endorsement made by learned counsel for writ petitioners, captioned W.M.P. No.24035 of 2025 filed under Rule 15 of 'Madras High Court Writ Rules, 2021' [hereinafter 'Writ Rules 2021' for the sake of convenience and brevity] with a prayer to file a single writ petition is disposed of as closed/withdrawn.
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4. Though obvious we make it clear that if writ petitioners resort to remedy of statutory appeal under Section 10 of said 1905 Act subject to limitation and subject to exclusion of time spent in this WP vide Section 14 of The Limitation Act, 1963, the same shall be heard on its own merits and in accordance with law by R1/Appellate Authority untrammelled by withdrawal of captioned WP.
5. Captioned WP and captioned W.M.P. Nos.24036 and 24038 of 2025 are disposed of as closed/withdrawn. There shall be no order as to costs.
(M.S.,J.) (H.C.,J.) 16.06.2025 Index : Yes / No mmi P.S.: Registry is directed to return the original impugned notice to the learned counsel on record for writ petitioner under due acknowledgement.
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To 1.The District Collector, Office of the District Collector, Coimbatore.
2.The Assistant Director (Land Survey), Office of District Collector, Coimbatore.
3.Taluk Surveyor, Anaimalai, Coimbatore District.
4.The Tahsildar, Taluk Office, Anaimalai, Coimbatore District.
5.The Revenue Inspector, Anaimalai, Coimbatore District.
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M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., mmi 16.06.2025 Page Nos.6/6