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Madras High CourtWP(MD)/5003/2020withdrawn dismissed

Velu v. The District Collector

2021-08-13Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Velu : Petitioner .vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Revenue Divisional Officer, Ramanathapuram, 3.The Tahsildar, 4.The Block Development Officer(Village Panchayat), R.S.Managalam, 5.The President, Kadaloor Panchayat, 6.Subramaniyan : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents 1 to 5 to remove the sixth respondent's encroachment made in the land in S.No.341/4, situating in Uppoor Village, R.S.Mangalam Taluk, Ramanathapuram District based on the Petitioner's representations, dated 16.7.2018, 1.10.2018, 18.2.2019 and 22.11.2019 within the time stipulated by this Court. For Petitioner : Mr.M.S.Jeyakarthik For Respondents : Mr.B.Saravanan 1 to 5 Govt Advocate.

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O R D E R

[Order of the Court was made by M.DURAISWAMY.,J.] Mr.M.S.Jeyakarthik, learned counsel appearing for the Petitioner seeks permission of this Court to withdraw this Writ Petition with liberty to challenge the order, dated 17.12.2020 passed by the third respondent withdrawing the notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, dated 11.01.2019 and taking steps to assign the land in dispute to the sixth respondent.

2.In view of the submission made by the learned counsel appearing for the Petitioner, this Writ Petition is dismissed as withdrawn. However, it is open to the Petitioner to challenge the order passed by the third respondent, dated 17.12.2020, in accordance with law. No costs.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Revenue Divisional Officer, Ramanathapuram, 3.The Tahsildar, 4.The Block Development Officer(Village Panchayat), R.S.Managalam, 2/3

5.The President, Kadaloor Panchayat, +1 CC to M/s.M.S.JEYAKARTHIK, Advocate ( SR-26443[F] dated 16/08/2021 ) +1 CC to M/s.The Special Government Pleader ( SR-26371[F] dated 16/08/2021 ) 13.08.2021 RS (25.08.2021) 3P 7C 3/3