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Madras High CourtWP/35004/2024withdrawn dismissed

T.Senbagam v. The Commissioner

2024-11-25Honourable Mr Justice M. Sundar,Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2024 Coram THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR T.Senbagam W/o.Thiruvengadam ... Petitioner vs

1. The Commissioner Commissionerate of Land Administration Ezhilagam, Chepauk, Chennai - 600 005

2. The District Collector Collectorate, Dharmapuri Dharmapuri District - 636 705

3. The District Revenue Officer Collectorate, Dharmapuri Dharmapuri District - 636 705

4. The Revenue Divisional Officer Harur Division, Harur Taluk

Dharmapuri District - 636 903

5. The Tahsildar Taluk Office, Harur Taluk Dharmapuri District - 636 903

6. A.Murugesan S/o.Ammasi .. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the entire records pertaining to the impugned emergency proceedings in Na.Ka.No.1624/2024/A2 dated 28.10.2024 on the file of 5 th respondent / Tahsildar herein and quash the same as without jurisdiction, illegal, untenable, arbitrary and unconstitutional and further directing the 1 st to th respondents to conduct enquiry in accordance with law on the basis of the petitioner's representation dated 11.11.2024. For Petitioner :

Mr.J.Agni Selvaraju For Respondents :

Mr.T.K.Saravanan Government Advocate for R1 to R5

O R D E R

(Order of the Court was made by M.SUNDAR, J.) After some arguments, Mr.J.Agni Selvaraju, learned counsel 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 including the rights and contentions raised in the captioned writ petition to be raised either in an appeal under Section 10 or in a revision under Section 10-A(1)(a) of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Ndu Act III of 1905)' [hereinafter 'said 1905 Act' for the sake of brevity and convenience] if so advised and if so desired.

2. 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 In the light of the narrative thus far, captioned writ petition is disposed of as withdrawn/closed albeit preserving all the rights and

contentions of the writ petitioner in the aforesaid manner. Consequently, captioned WMP is also disposed of as withdrawn/closed. There shall be no order as to costs.

[M.S., J] [K.R.S., J] 25.11.2024 gpa To

1. The Commissioner Commissionerate of Land Administration Ezhilagam, Chepauk, Chennai - 600 005

2. The District Collector Collectorate, Dharmapuri Dharmapuri District - 636 705

3. The District Revenue Officer Collectorate, Dharmapuri Dharmapuri District - 636 705

4. The Revenue Divisional Officer Harur Division, Harur Taluk Dharmapuri District - 636 903

5. The Tahsildar Taluk Office, Harur Taluk Dharmapuri District - 636 903

M.SUNDAR,J., and K.RAJASEKAR, J., gpa 25.11.2024