Annalakshmi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.11.2024 Coram THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR & W.M.P.No.37819 of 2024 in W.P.No.34886 of 2024 Annalakshmi W/o.P.Jagannathan .. Petitioner vs
1. The District Collector Namakkal
2. The District Revenue Officer Namakkal
3. The Revenue Divisional Officer Tiruchengode
4. The Tahsildar Office of the Tahsildar
Komarapalayam
5. The Revenue Inspector Komarapalayam
6. The Village Administrative Officer B.Komarapalayam Komarapalayam Taluk .. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records pertaining to the notice dated 23.08.2024 and 23.10.2024 issued under Section 7 and 6 of the Tamil Nadu Land Encroachment Act, 1905 by respondents 5 and 4 respectively and quash the same and consequently issue direction directing the respondents to consider the petitioner representations dated 31.08.2024 and 25.10.2024 in accordance with law. For Petitioner :
Mr.R.Marudhachalamurthy For Respondents :
Mr.T.K.Saravanan Government Advocate
O R D E R
(Order of the Court was made by M.SUNDAR, J.) When the captioned matter was taken up Mr.R.Marudhachalamurthy, learned counsel on record for writ petitioner
sought leave of this Court to withdraw the captioned writ petition but made a plea to preserve all the rights and contentions of the writ petitioner to file statutory appeal before R1 (District Collector, Namakkal) 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, convenience and clarity}.
2. It is open to the writ petitioner to also seek an interim order under Section 10-B of said 1905 Act. Learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows:
3. In the light of the narrative thus far, captioned writ petition and captioned writ miscellaneous petition are disposed of as withdrawn albeit preserving all the rights and contentions of the writ petitioner to file a
statutory appeal and a stay petition under Section 10 and 10-B of said 1905 Act. If the writ petitioner chooses to file an appeal and stay petition, the same shall be considered by R1 on its own merits and in accordance with law de hors this withdrawal. There shall be no order as to costs.
[M.S.,J] [K.R.S.,J] 19.11.2024 Index: Yes/No gpa P.S. I: Upload forthwith P.S.II : All concerned including the Registry of Madras High Court to act forthwith on the uploaded soft copy of this proceedings as uploaded in the official website of this Court. To be noted, the soft copies uploaded in the official website of this Court are water marked, besides being QR Coded.
P.S.III : Learned counsel requested for return of the original impugned orders for the purpose of preferring statutory appeal. Registry to return the original impugned order to learned counsel for writ petitioner under due acknowledgment.
To
1. The District Collector Namakkal
2. The District Revenue Officer Namakkal
3. The Revenue Divisional Officer Tiruchengode
4. The Tahsildar Office of the Tahsildar Komarapalayam
5. The Revenue Inspector Komarapalayam
6. The Village Administrative Officer B.Komarapalayam Komarapalayam Taluk
M.SUNDAR,J., and K.RAJASEKAR, J., gpa 19.11.2024