Kevin Rodrigues v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE M. SUNDAR AND THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR W.P. No.30585 of 2025 and W.M.P. Nos.34273, 34275 & 34276 of 2025 Kevin Rodrigues Petitioner vs.

1.

The Government of Tami Nadu Rep. by its Secretary Revenue Department Secretariat, Fort St. George Chennai 600 009 The Commissioner Tamil Nadu Land Administration Department 2nd Floor, Ezhilagam, Chepauk Chennai 600 005 The District Collector Chennai District Singaravelar Maligai Chennai The Tahsildar-cum-Executive Judicial Magistrate Tiruvottriyur Taluk Office Chennai Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records pertaining to the impugned notice Na.Ka.No.B1/1852/2024 dated 13.01.2025 affixed by the 4th respondent in the petitioner's house comprised in Survey No.21 (Grama

Natham) bearing Door No.49, 3rd Street, Kamaraj Nagar, Kathivakkam Village, Ennore, Chennai 600 057, quash the same and consequently direct the 3rd respondent to consider the petitioner's appeal dated 28.06.2025. For petitioner Mr. M. Saravana Kumar

ORDER

(made by M. SUNDAR, J.) After some arguments, Mr. M. Saravana Kumar, learned counsel on record for writ petitioner, 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] thereat but made a plea to preserve all the rights and contentions of the writ petitioner to prefer a Condonation of Delay (CoD) application qua statutory appeal dated 28.06.2025 and stay petition thereat under Section 10-B of the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905). To be noted, learned counsel for writ petitioner submits that order under Section 6 being order dated 13.01.2025 was served on the writ petitioner on the same day i.e., 13.01.2025. A scanned reproduction of the endorsement made by learned counsel in this regard in the case file is as follows:

Request acceded to.

It is made clear that if the writ petitioner resorts to filing CoD application and stay petition, the same shall be considered by the Appellate Authority on their own merits and in accordance with law untrammeled by instant withdrawal.

In the light of the narrative thus far, captioned WP and captioned WMPs thereat are disposed of as closed/withdrawn, albeit with preservation of rights and contentions in the aforesaid manner. There shall be no order as to costs.

(M.S., J.) (H.C., J.) 18.08.2025 cad Index : Yes/No NC : Yes/No

To 1.

The Secretary to Government Revenue Department Secretariat, Fort St. George Chennai 600 009 The Commissioner Tamil Nadu Land Administration Department 2nd Floor, Ezhilagam, Chepauk Chennai 600 005 The District Collector Chennai District Singaravelar Maligai Chennai The Tahsildar-cum-Executive Judicial Magistrate Tiruvottiyur Taluk Office Chennai

M. SUNDAR, J.

and HEMANT CHANDANGOUDAR, J.

cad W.P.No.30585 of 2025 18.08.2025