S.Ramasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2016

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE DR. JUSTICE P. DEVADASS W.P. No.496 of 2016 and W.M.P. No.342 of 2016 S. Ramasamy Petitioner vs.

The District Collector, Namakkal The Tahsildar Rasipuram Taluk Namakkal District Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the entire records relating to the proceedings dated 25.11.2015 under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (III of 1905) from the file of the second respondent, quash the same and further direct the respondents to grant patta in favour of the petitioner in respect of the lands measuring 2.54 (1.02.5 hectrares) in S.No.472/5 of R. Pudupatty Village, Rasipuram Taluk, Namakkal District within a time frame. For petitioner Mr. D. Shivakumaran For respondents Mrs. A. Srijayanthi Special Government Pleader

ORDER

(delivered by SATISH K. AGNIHOTRI, J.) The learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition with liberty to take recourse to the appellate forum and has also made an endorsement to that effect as under:

"The petitioner prays that this Hon'ble Court may permit the petitioner to withdraw the WP with liberty to file an appeal by granting two weeks time to file an appeal."

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In view of the above submission and endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn with liberty, as aforestated, if so advised. The petitioner is granted two weeks' time to prefer an appeal. It is made clear that for a period of two weeks, status quo as obtained today, in respect of the property in question, shall be maintained by both the parties. Costs made easy. Connected W.M.P. is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To The District Collector, Namakkal The Tahsildar Rasipuram Taluk Namakkal District +1cc to Mr.D.Shivakumaran, Advocate, S.R.No.1529 +1cc to the Government Pleader, S.R.No.1509 W.P. No.496 of 2016 ad(CO) srg(27/01/2016) https://hcservices.ecourts.gov.in/hcservices/