Madras High CourtWP(MD)/4998/2025dismissed

N.Balasubramanian v. The District Collector

2025-02-27Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

1 W.P.(MD)NO.4998 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.4998 of 2025 AND W.M.P.(MD)No.3608 of 2025 N.Balasubramanian ... Petitioner Vs.

1. The District Collector, Sivagangai District, Sivagangai.

2. The Revenue Divisional Officer, Devakottai, Sivagangai District.

3. The Assistant Divisional Engineer(Highways), Construction and Maintenance, Karaikudi, Sivagangai District.

4. The Kallachiyamman Kovil Uravinmurai, Periyarnagar, Alampattu Village, Kallal Union, Karaikudi, Sivagangai District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the 1/4

2 W.P.(MD)NO.4998 OF 2025 records of the impugned order of the third respondent in Na.Ka. No.769/2024/E.Va.a dated 10.02.2025 and quash the same as illegal. For Petitioner : Mr.S.Vimal Raj For R-1 to R-3 : Mr.K.Balasubramani, Special Government Pleader.

For R-4 : Mr.C.Ezhilarasu * * *

O R D E R

The petitioner challenges the notice dated 10.02.2025 whereby the petitioner had been called upon to remove certain encroachments committed on a channel / road.

2. When the matter was taken up for hearing, the learned Special Government Pleader produced a letter dated 10.01.2025 submitted by the writ petitioner herein undertaking to remove the said encroachment on or before 25.01.2025. Since the petitioner himelf had undertaken to remove the encroachment, it is not open to the petitioner to subsequently do "U" turn and challenging the action. 2/4

3 W.P.(MD)NO.4998 OF 2025

3. We grant him two more weeks from today to remove the encroachment on his own. This writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 27th February 2025 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:

1. The District Collector, Sivagangai District, Sivagangai.

2. The Revenue Divisional Officer, Devakottai, Sivagangai District.

3. The Assistant Divisional Engineer(Highways), Construction and Maintenance, Karaikudi, Sivagangai District.

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4 W.P.(MD)NO.4998 OF 2025 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.4998 of 2025 27.02.2025 4/4