S.Ramesh 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 & W.M.P Nos.39301 in W.P.No.36433 of 2024 & W.M.P.No. 39305 of 2024 in W.P.No.36438 of 2024 S.Ramesh S/o.Subramani .. Petitioner in W.P.No.36433 of 2024
1. R.Subramani S/o.Ramakrishnan
2. Dhanasekar S/o.Rajapthar
3. R.S.Senthil S/o.Shanmugam
4. Chakravarthy S/o.Ramakrishnan ... Petitioners in W.P.No.36438 of 2024 vs
1. The District Collector Thiruvallur District Thiruvallur
2. The Tahsildhar Thiruvallur Taluk Thiruvallur
3. The Block Development Officer Kadambathur Panchayat Union Kadambathur Thiruvallur
4. The Superintendent of Police Thiruvallur District Thiruvallur
5. C.Suyamprakash S/o.K.Chandraiya .. Respondents in both WPs Prayer in W.P.No.36433 of 2024 : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus forbearing Respondents 1 to 4 from demolishing the shop in petitioner's property comprised in Survey No.273/10C1A admeasuring 1528 square feet, situate at No.120, Perambakkam Village, Thiruvallur Taluk and
District.
Prayer in W.P.No.36438 of 2024 : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus forbearing Respondents 1 to 4 from demolishing the shop in petitioners property comprised in Survey No.273/4 admeasuring 150 square feet, situate at No.120, Perambakkam Village, Thiruvallur Taluk and District. For Petitioner :
Mr.B.Bennington in both WPs For Respondents :
Mr.T.K.Saravanan in both WPs Government Advocate for R1 &R2 Mr.N.Muthuvel Government Advocate for R3 Mr.M.Babu Muthu Meeran Addl. Government Pleader for R4 C O M M O N O R D E R (Order of the Court was made by M.SUNDAR, J.) Captioned writ petitions pertain to land comprised in 'S.Nos.273/10C1A and 273/4 at No.120, Perambakkam Village, Thiruvallur Taluk and District' [hereinafter 'said lands' for the sake of brevity and convenience].
2. When the captioned matters were listed before another Hon'ble Division Bench on 06.12.2024, the following order was made:
3. Today, the learned State counsel submits, on instructions, that notices under '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} have been issued only with regard to S.No.274 and not with regard to said lands.
4. Therefore, we deem it appropriate to close the captioned writ petitions recording the stated position of the learned State counsel.
5. As regards notices said to have been issued regarding S.No.274, if R5 and / or any other noticee has rights, all the rights and contentions stand preserved. Likewise as regards said lands, rights and contentions of writ petitioner are preserved if any action is initiated in the days to come.
6. Captioned writ petitions and writ miscellaneous petitions thereat are disposed of as closed. 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 gpa
M.SUNDAR,J., and K.RAJASEKAR, J., gpa To
1. The District Collector Thiruvallur District Thiruvallur
2. The Tahsildhar Thiruvallur Taluk Thiruvallur
3. The Block Development Officer Kadambathur Panchayat Union Kadambathur Thiruvallur
4. The Superintendent of Police Thiruvallur District Thiruvallur 09.12.2024