Subramani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2024

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and W.M.P.No.39897 of 2024 in Subramani S/o.Palanisami ... Petitioner Vs.

1.

The District Collector Namakkal.

2.

The Revenue Divisional Officer Rasipuram Namakkal District.

3.

The Tahsildar Office of Tahsildar Rasipuram Namakkal District.

4.

The Revenue Inspector Namagiripettai Namakkal District.

... Respondents Page Nos.1/4

Prayer :

Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari, to call for the records on the file of the 1st respondent in relation to the order dated 03.10.2024 passed under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, in respect of the land situated in S.No.7/2D, Kakaveri Village, Rasipuram and quash the same.

For Petitioner :

Mr.R.Vivek

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Writ Petition' {'WP'} is listed under the cause list caption 'FOR DISMISSAL' today. Mr.R.Vivek, learned counsel expresses regret for missing the matter yesterday (17.12.2024).

2. After some arguments, Mr.R.Vivek, learned counsel on record 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 to prefer a statutory revision under Section 10-A of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity}, saying so, learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as Page Nos.2/4

follows:

In the light of the narrative thus far, captioned WP and captioned Writ Miscellaneous Petition are disposed of as withdrawn / closed without expressing any view or opinion on the merits of the matter but with preservation of rights in the aforesaid manner i.e., preservation of rights and contentions of writ petitioner for preferring a statutory revision under Section 10-A of said 1905 Act. There shall be no order as to costs. (M.S.,J.) (K.R.S.,J.) 18.12.2024 Index : Yes / No Speaking order / Non-speaking order mk M.SUNDAR, J., and K.RAJASEKAR, J., Page Nos.3/4

mk To 1.

The District Collector Namakkal.

2.

The Revenue Divisional Officer Rasipuram Namakkal District.

3.

The Tahsildar Office of Tahsildar Rasipuram Namakkal District.

4.

The Revenue Inspector Namagiripettai Namakkal District.

18.12.2024 Page Nos.4/4