Madras High CourtWP/41274/2025disposed of

Abildurai v. The Commissioner Of Land Administration,

2025-12-03Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-12-2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE AND WMP NO. 46209 OF 2025 ABILDURAI Petitioner(s) Vs

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

2.The District Collector Villupuram District, Villupuram.

3.The District Revenue Officer, Villupuram District, Villupuram.

4.The Tahsildar Vikkiravandi Taluk, Villupuram District.

5.The Revenue Inspector Anniyur Revenue Vilalge, Vikravandi Taluk, Villupuram District.

6.The Block Development Officer Kanai Panchayat Union, Vikravandi Taluk, Villupuram District.

7.The Panchayat President Udhaiyanatham Vilalge Panchayat, Odiyathur Post, Vikravandi Taluk, Villupuram District.

Respondent(s)

PRAYER direct the 4th respondent to issue patta in the name of Arulmigu Sri Madurai Veeran Temple to an extent of 10 cents of land out of 1.03.0 hectares of the land in survey No.4/1, situate at Kulirsunai village, Vikravandi taluk, Villupuram District, based on the resolution of the 7th respondent panchayat dated 23.11.2024 forthwith.

For Petitioner(s):

Mr C.Prabakaran For Respondent(s):

Mr D. Ravichander,SGP For R1 To R5

ORDER

Since the very same property, which is the subject matter of this writ petition, was also the subject matter in W.P. No.21216 of 2024, which was disposed of by the Division Bench of this Court on 01.08.2024, learned counsel for the petitioner seeks permission of this Court to withdraw this writ petition. However, he seeks for a direction to the official respondents to dispose of the proceedings initiated against the petitioner under the Land Encroachment Act as expeditiously as possible in accordance with law. 2.Admittedly, the petitioner was the ninth respondent in W.P. No.21216 of 2024. The petitioner was arrayed as a party respondent in the said writ petition for removal of the encroachment of the property, which is also the subject matter in this writ petition. A direction was issued by the Division Bench of this Court on 01.08.2024 in W.P. No.21216 of 2024 directing the third respondent to

take action against all the encroachers which includes the petitioner herein. As per the provisions of the Land Encroachment Act, 1905 pursuant to the said direction, it is also an admitted fact that proceedings have been initiated against the petitioner under the Land Encroachment Act. 3.In view of the same, this writ petition cannot be entertained by this Court. Only under those circumstances, the learned counsel for the petitioner has sought permission of this Court to withdraw this writ petition and has sought for liberty as prayed for and it is also recorded in the opening paragraph of this order.

This Court cannot fix a time frame for the first respondent to dispose of the Land Encroachment proceedings initiated against the petitioner but only in accordance with the provisions of the Land Encroachment Act, the proceedings will have to be completed by the first respondent against the petitioner in respect of the alleged encroachment made by the petitioner over the property, which is also the subject matter in this writ petition as well. 4.For the foregoing reasons, based on the representation made by the learned counsel for the petitioner, this writ petition is disposed of. However, a direction is issued to the first respondent to complete the proceedings initiated against the petitioner under the Land Encroachment Act for removal of the encroachment in accordance with the provisions of the Land Encroachment Act, 1905. No costs.

03-12-2025 vga

ABDUL QUDDHOSE J.

vga To 1.The Commissioner Of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.