D.Prabhakaran v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI W.P.No.6868 of 2025 D. Prabhakaran Petitioner vs.
1.
The District Collector District Collector Office Coimbatore The Sub-Collector Sub-Collector Office Pollachi 642 001 The Revenue Divisional Officer Sub-Collector Office Pollachi 642 001 4.
The Tahsildar Taluk Office Pollachi 642 001 5.
The Superintendent of Police Mahalingapuram Police Station Pollachi 6.
The Land Administrative Officer 3, Vadakkipalayam Pollachi 7.
Vijayalakshmi Respondents Page Nos.1/4
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 6 to consider the petitioner's representation dated 07.11.2023 and consequently, direct the respondents 4 and 5 to remove the encroachment made by the seventh respondent.
For petitioner Ms. T. Sudha Gandhi
ORDER
[made by M.SUNDAR, J.] In the captioned 'writ petition' (hereinafter 'WP' for the sake of brevity), it came to light that there is Civil Court decree inter alia qua land which is subject matter of captioned WP. There is one more civil suit which has been dismissed for default and this also pertains to land which is subject matter of captioned WP. As Civil Court decree is operating, learned counsel on record for writ petitioner sought leave of this Court to withdraw the captioned WP but made a plea to preserve all the rights and contentions of the writ petitioner and/or anyone concerned with the subject mentioned land to work out the remedies in the Civil Court. This request is acceded to. If the writ petitioner and/or anyone concerned with subject mentioned land approaches Civil Court, Civil Court concerned shall deal with the matter on its own merits and in accordance with law untrammelled by this withdrawal. Page Nos.2/4
A scanned reproduction of the endorsement made by the learned counsel for writ petitioner in the case file is as follows: In the light of the narrative thus far, captioned WP is disposed of as withdrawn/closed preserving all the rights and contentions of the writ petitioner and/or anyone concerned with subject land in the aforesaid manner i.e., to approach Civil Court. There shall be no order as to costs.
(M.S., J.) (K.G.T., J.) 28.02.2025 cad Index :
Yes/No NC :
Yes/No Page Nos.3/4
M.SUNDAR, J.
and K. GOVINDARAJAN THILAKAVADI, J.
cad To:
1.
The District Collector District Collector Office Coimbatore The Sub-Collector Sub-Collector Office Pollachi 642 001 The Revenue Divisional Officer Sub-Collector Office Pollachi 642 001 4.
The Tahsildar Taluk Office Pollachi 642 001 5.
The Superintendent of Police Mahalingapuram Police Station Pollachi 6.
The Land Administrative Officer 3, Vadakkipalayam Pollachi 28.02.2025 Page Nos.4/4