Madras High CourtWP/35560/2024withdrawn dismissed

Madhu Balan v. The Commissioner

2025-03-20Honourable The Chief Justice,Honourable Mr Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2025

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and WMP Nos., 38436, 38437 and 38439 of 2024

1. Madhu Balan

2. Vikram .. Petitioners -vs1. The Commissioner, Commissionerate of Town Panchayat, 7th & 8th Floor, Municipal Administration Building, MRC Nagar, Chennai-28.

2. The District Collector, Salem.

3. The District Revenue Officer, Salem.

4. The Assistant Director, Town Panchayat, Salem.

5. The Revenue Divisional Officer, Mettur, Salem.

6. The Tahsildar,

7. The Executive Officer, Omalur Selection Grade Town Panchayat,

8. P.Raman

9. Muthu 10.Palaniammal 11.Suresh 12.Kaveriammal 13.Balakrishnan 14.Marimuthu 15.Govindan 16.Mariappan 17.Periyasamy 18.Marayee 19.Chinnathayee 20.Ramesh 21.Shanthi 22.P.Subramani 23.Sivagami 24.Pavadai .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 2nd respondent in Na.Ka.1728461/2024/K2 dated 12.09.2024 and quash the same, consequently, direct 1st to 7th respondents to remove the encroachment in S.No: 181/1A to the extent of 0.45.5 Hec, S.No.:181/8A to the extent of 0.04.0 Hec. S.No.:181/8B to the extent of 0.01.5 Hec at Omalur Town, Salem District.

For Petitioners :

Mr.T.Ganesan For Respondents :

Mr.A.Edwin Prabakar State Government Pleader Assisted by Mr.Habeeb Rahman, Govt. Advocate, for RR 1 to 6 :

Mr.B.Kumarasamy for RR 8 to 21, 23.

RR 22 and 24 - Deceased (steps due) * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Counsel for petitioners states that in view of the provision of Section 10-A of the Tamil Nadu Land Encroachment Act, 1905, petitioners will file a revision application before the concerned authority and seeks leave to withdraw the writ petition.

2. Petition is dismissed as withdrawn. Petitioners may file revision application, which shall be disposed of in accordance with law. All rights and contentions are kept open. If the revision application is filed within four weeks from the date the order being uploaded, delay, if any, shall be deemed to have been condoned.

There shall be no order as to costs. W.M.P.No.38436 of 2024 filed by petitioners to permit them to file a single writ petition is allowed. Consequently, the other interim applications, viz., W.M.P.Nos.38439 and 38437 of 2024 stand closed.

(K.R.SHRIRAM, CJ.) (MOHAMMED SHAFFIQ, J.) 20.03.2025 Index : Yes/No : Yes/No sra

1. The Commissioner, Commissionerate of Town Panchayat, 7th & 8th Floor, Municipal Administration Building, MRC Nagar, Chennai-28.