Mrs.E.K.Gayathri Kothandan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR E.K.Gayathiri Kothandan President Vadamadurai Village Panchayat Vadamadurai 601 102 Uthukkottai Taluk ... Petitioner Vs.
1.
The District Collector Tiruvallur District Tiruvallur 602 001.
2.
The District Revenue Officer Tiruvallur District Tiruvallur 602 001.
3.
The Revenue Divisional Officer Tiruvallur Revenue Division 4.
The Tahsildar Uthukottai Taluk Page Nos.1/6
5.
The Assistant Director District Town and Country Planning Office 6.
The Assistant Engineer Water Resources Department Uthukottai Irrigation Division Uthukottai ... Respondents Prayer :
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 to 4 herein to take immediate steps to remove the encroachments made in the irrigation water channels comprised in Survey Nos.619, 623, 624, 631, 633 and public roads comprised in Survey Nos.1620/3 of Vadamadurai Village, Uthukottai Taluk, Tiruvallur District based on the petitioner's representations dated 03.10.2024 and 24.10.2024.
For Petitioner :
Mr.S.Thirumavalavan For Respondents :
Mr.T.K.Saravanan Government Advocate for R1 to R6 Page Nos.2/6
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] When the captioned 'Writ Petition' {'WP'} was taken up, it came to light that respondents have conducted a survey and according to learned State Counsel, no encroachment has been found qua survey numbers forming part of captioned WP.
2. A copy of communication dated 07.12.2024 bearing reference Na.Ka.No.1089/2024/AA1 together with enclosures have been furnished to Mr.S.Thirumavalavan, learned counsel on record for writ petitioner.
3. Learned counsel for writ petitioner sought leave of this Court to withdraw the captioned WP but made a plea to preserve all rights and contentions of writ petitioner including rights and contentions raised in the captioned WP to assail the afore-referred communication dated 07.12.2024 together with enclosures therewith. Saying so, learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows:
Page Nos.3/6
Captioned WP disposed of as withdrawn / closed albeit with preservation of rights and contentions in the aforesaid manner. There shall be no order as to costs.
(M.S.,J.) (K.R.S.,J.) 09.12.2024 Index : Yes / No Speaking order / Non-speaking order mk Page Nos.4/6
To 1.
The District Collector Tiruvallur District Tiruvallur 602 001.
2.
The District Revenue Officer Tiruvallur District Tiruvallur 602 001.
3.
The Revenue Divisional Officer Tiruvallur Revenue Division 4.
The Tahsildar Uthukottai Taluk 5.
The Assistant Director District Town and Country Planning Office 6.
The Assistant Engineer Water Resources Department Uthukottai Irrigation Division Uthukottai Page Nos.5/6
M.SUNDAR, J., and K.RAJASEKAR, J., mk 09.12.2024 Page Nos.6/6