G.Gopalakrishnan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY and THE HONOURABLE MR.JUSTICE T.RAVINDRAN and W.M.P.(MD) Nos.242 & 245 of 2020 G.Gopalakrishnan ... Petitioner -vs1.The District Collector Madurai District Madurai 2.The Commissioner Madurai City Municipal Corporation Madurai-625 002 3.Additional Director Land Survey and Records Department Survey House Chepauk Chennai-600 006 4.Revenue Divisional Officer Madurai 5.The Assistant Director District Land Survey & Records Madurai 6.The Assistant Commissioner Zone-2 Madurai City Municipal Corporation Madurai-625 007 7.The Tahsildar Madurai North Taluk Madurai District 1/3

8.M.Shajahan 9.Sankaran 10.K.A.Shanmugam 11.M/s.Solaimalai Automobiles Pvt. Ltd., Rep.by its Director K.Karthikeyan No.28/5B, Melur Road, Uthangudi Madurai-107 12.S.P.Sonaisamy 13.Adilingam ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records relating to the impugned order of the first respondent dated 15.12.2019 vide Ref.No.Na.Ka.No.18358/2014/J3 and quash the same. For Petitioner : Ms.N.Krishnaveni, Senior Counsel for Mr.P.Thiyagarajan For Respondents : Mr.V.R.Shanmuganathan Special Government Pleader for R1, R3 to R5 & R7 Mr.T.S.Mohammed Mohideen for R2 & R6

O R D E R

[Order of the Court was made by M.DURAISWAMY, J.] Ms.N.Krishnaveni, learned Senior Counsel appearing for Mr.P.Thiyagarajan, learned counsel on record for the petitioner, seeks permission of this Court to withdraw the writ petition with liberty to file a revision before the Government under Section 10-A of the Tamil Nadu Land Encroachment Act, 1905. Further, the learned Senior Counsel submitted that till the filing of the revision before the Government, an order of status quo may be granted, for which Mr.V.R.Shanmuganathan, learned Special Government Pleader, who takes notice for the respondents 1, 3, 4, 5 and 7 has no objection. The learned counsel for the petitioner has also made an endorsement to that effect.

2. In view of the above, the writ petition is dismissed as withdrawn with liberty as prayed for. The petitioner is granted two weeks time from the date of receipt of a copy of this order to file a revision as stated above and till the filing of the revision, the respondents are directed to maintain status quo. If stay petition 2/3

is filed under Section 10-B of the Tamil Nadu Land Encroachment Act, 1905, the Revisional Authority shall decide the same in accordance with law, within a period of two weeks from the date of filing of the stay petition. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2020 Sub Assistant Registrar(CS) krk To:

1.The District Collector, Madurai District, Madurai.

2.The Additional Director, Land Survey and Records Department, Survey House, Chepauk, Chennai-600 006.

3.The Revenue Divisional Officer, Madurai.

4.The Assistant Director, District Land Survey & Records, Madurai.

5.The Tahsildar, Madurai North Taluk, Madurai District.

+1 CC to M/s.T.S.MOHAMED MOHIDEEN, Advocate ( SR-843[F] dated 08/01/2020 ) +1 CC to M/s.P.THIYAGARAJAN, Advocate ( SR-902[F] dated 08/01/2020 ) and W.M.P.(MD) Nos.242 & 245 of 2020 08.01.2020 JMN(08.01.2020) 3P : 8C 3/3