M.Poonkuzhali v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.11.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and W.M.P.No.36685 of 2024 in M.Poonkuzhali W/o. Late M.Godwin ... Petitioner Vs.
1.
The District Collector District Collectorate Villupuram - 605 602.
2.
The Tahsildar Melmalaiyanur Taluk Villupuram District - 604 204.
3.
The Block Development Officer Panchayat Union's Office Melmalaiyanur Taluk Villupuram District.
... Respondents Prayer :
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the proceedings of the 1st respondent dated 27.09.2024 in Na.Ka.Aa.5/2354607/2024 wherein he had dismissed the petitioner's appeal Page Nos.1/4
filed under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, quashing the same and consequently, directing the 1st respondent to allot the petitioner a house site by issuing patta in the land in Survey No.46/5 of Kalathampattu Village, Melmalaiyanur Tlauk, Villupuram District - 604 153 where the petitioner is presently residing.
For Petitioner :
Mr.K.Elango For Respondents :
Mr.V.Ravi Special Government Pleader for R1 and R2 Mr.P.Harish Government Advocate, for R3
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] When the matter was taken up, Mr.K.Elango, learned counsel on record for writ petitioner sought leave of this Court to withdraw captioned main 'Writ Petition' {hereinafter 'WP' for the sake of brevity} but made a plea to preserve rights of the writ petitioner to prefer a revision (subject of course to limitation, if any) under Section 10-A of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said Act' for the sake of brevity}, saying so, learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows:
Page Nos.2/4
Captioned WP dismissed as withdrawn albeit with preservation of rights in the aforementioned manner/as sought for. Consequently, captioned Writ Miscellaneous Petition thereat also dismissed as withdrawn. There shall be no order as to costs.
(M.S.,J.) (K.R.S.,J.) 13.11.2024 Index : Yes / No Speaking order / Non-speaking order mk P.S.
Learned counsel for writ petitioner requests for return of original impugned order to prefer an appeal / revision. Registry to return the original impugned order forthwith under due acknowledgment to learned counsel for writ petitioner.
Page Nos.3/4
M.SUNDAR, J., and K.RAJASEKAR, J., mk To 1.
The District Collector District Collectorate Villupuram - 605 602.
2.
The Tahsildar Melmalaiyanur Taluk Villupuram District - 604 204.
3.
The Block Development Officer Panchayat Union's Office Melmalaiyanur Taluk Villupuram District.
13.11.2024 Page Nos.4/4