Madras High CourtWP(MD)/7205/2023withdrawn dismissed

Jeyakodi v. The District Collector

2023-07-19Honourable Mr Justice S.S. Sundar,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:19.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P(MD)NO.7205 OF 2023 and W.M.P(MD)Nos.6796, 6797 and7464 of 2023 Jeyakodi :Petitioner .vs.

1.The District Collector, Madurai District.

2.The Revenue Divisional Officer, Thirumangalam Taluk, Madurai District.

3.The Tahsildar, Thirumangalam Taluk, Madurai District.

4.Alagar : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records pertaining to the order passed by the second respondent vide proceeding, dated 10.05.2022 in Ni.Mu.NO.1352/2022/C and its consequential eviction notice issued by the third respondent vide proceeding Nil, dated 7.3.2023 and quash the same as illegal. 1/4

For Petitioner :Mr.C.Senthil Murugan For Respondents :Mr.D.Sachikumar 1 to 3 Addl.Govt.Pleader For Respondent-4 :No appearance

O R D E R

********* (Order of the Court was made by S.S.SUNDAR,J) The learned counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition, with liberty to file an appeal under the relevant provisions of the Tamil Nadu Land Encroachment Act.

2.The request of the Petitioner is granted and the Writ Petition is dismissed as withdrawn, with liberty to the Petitioner to file an appeal before the appropriate forum for necessary relief. No costs. Consequently, connected Miscellaneous Petitions are closed. 3.However, the learned Additional Government Pleader appearing for the respondents 1 to 3, on instructions, states that the Petitioner has encroached into the property which was allotted for the Adi-Dravidars. Having regard to the above facts and circumstances, it is open to the District Collector concerned to 2/4

consider and dispose of the appeal, in the manner knonwn to law. [S.S.S.R.,J.] [D.B.C,J.] 19.07.2023 Index:Yes/No Internet:Yes/No NCC:Yes/No vsn To 1.The District Collector, Madurai District.

2.The Revenue Divisional Officer, Thirumangalam Taluk, Madurai District.

3.The Tahsildar, Thirumangalam Taluk, Madurai District.

3/4

S.S.SUNDAR, J.

AND D.BHARATHA CHAKRAVARTHY,J.

vsn 0RDER MADE IN W.P(MD)NO.7205 OF 2023 and W.M.P(MD)Nos.6796, 6797 and 19.07.2023 4/4