Madras High CourtWP/34347/2018dismissed as withdrawal

Ezhumalai v. The Commissioner Of Land

2019-01-08Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2019 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. Nos.34347, 34351, 34353 and 34355 of 2018 and WMP No.39924/2018 and WMP No.39918/2018 and WMP No.39922/2018 and WMP No.39925/2018 Ezhumalai S/o.Munusamy .. Petitioner in W.P.No.34347/2018 E.Thanikachalam .. Petitioner in W.P.No.34351/2018 E.Kanniyappan .. Petitioner in W.P.No.34353/2018 Ezhumalai S/o.Munusamy .. Petitioner in W.P.No.34355/2018 -vs1.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.

2.The Collector, Vellore District, Vellore.

3.The Revenue Divisional Officer, Ranipet, Vellore District.

4.The Thasildar, Arakkonam, Vellore District.

.. Respondents in all WPs.

Writ Petition No.34347 of 2018 filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the first respondent to dispose of the appeal filed under Section 10-B of the Land Encroachment Act, dated 25.10.2018 within a time frame and further direct the respondents 2 to 4 not to dispossess the petitioner from the land in Survey No.6, Murungai Village to an extent of 0.01.0 hectares pending disposal of the appeal filed by the petitioner before the first respondent under Section 10-B of Land Encroachment Act, dated 25.10.2018.

Writ Petition No.34351 of 2018 filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the first respondent to dispose of the appeal filed under Section 10-B of the Land Encroachment Act, dated 25.10.2018 within a time frame and further direct the respondents 2 to 4 not to dispossess the petitioner from the land in Survey No.6, Murungai Village to an extent of 0.60.5 hectares pending disposal of the appeal filed by the petitioner before the first respondent under Section 10-B of Land Encroachment Act, dated 25.10.2018.

Writ Petition No.34353 of 2018 filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the first respondent to dispose of the appeal filed under Section 10-B of the Land Encroachment Act, dated 25.10.2018 within a time frame and further direct the respondents 2 to 4 not to dispossess the petitioner from the land in Survey No.6, Murungai Village to an extent of 0.44.5 hectares pending disposal of the appeal filed by the petitioner before the first respondent under Section 10-B of Land Encroachment Act, dated 25.10.2018.

Writ Petition No.34355 of 2018 filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the first respondent to dispose of the appeal filed under Section 10-B of the Land Encroachment Act, dated 25.10.2018 within a time frame and further direct the respondents 2 to 4 not to dispossess the petitioner from the land in Survey No.6, Murungai Village to an extent of 0.20.5 hectares pending disposal of the appeal filed by the petitioner before the first respondent under Section 10-B of Land Encroachment Act, dated 25.10.2018.

For Petitioner in all WPs : Mr.K.V.Sajeev Kumar Respondents in all WPs : Mr.V.Jayaprakash Narayanan Government Pleader (i/c) COMMON ORDER Learned counsel for the petitioners seeks leave of this Court to withdraw the writ petitions with liberty to approach the Government under Section 10-A of the Tamil Nadu Land Encroachment Act, 1905. He has also made an endorsement to the said effect.

2. In view of the above, the writ petitions are allowed to be withdrawn with liberty as prayed.

3. The writ petitions are, accordingly, dismissed as withdrawn.

No costs.

Consequently, all connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar bbr To 1.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.

2.The Collector, Vellore District, Vellore.

3.The Revenue Divisional Officer, Ranipet, Vellore District.

4.The Thasildar, Arakkonam, Vellore District.

+1cc to Mr.K.V.Sajeevkumar, Advocate SR.No.1798 +1cc to Government Pleader SR.No.2295 W.P.Nos.34347, 34351, 34353 & 34355 of 2018 SPD(CO) GMY(29/01/2019)