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Madras High CourtWP(MD)/17659/2018withdrawn dismissed

R.Rajendran v. The District Collector

2026-01-05Honourable Mr.Justice K. Surender5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE K.SURENDER and W.M.P.(MD)No.15541 of 2018 R.Rajendran ... Petitioner -vs1.The District Collector, Sivagangai District, Sivagangai.

2.The Director General of Police, O/o. Director General of Police, Chennai.

3.The Hindu Religious and Charitable Endowment Department, Rep. by its Commissioner, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 34.

4.The Joint Commissioner, The Hindu Religious and Charitable Endowment Department, Sivagangai, Sivagangai District.

5.The Tahsildhar, Manamadurai Taluk, Sivagangai District.

6.Mr.Velladurai, The Additional Deputy Superintendent of Police, Prohibition and Enforcement Wing, District Police Office, Ramanathapuram, Ramanathapuram District.

7.The Manamadurai Selection Grade Panchayat, Rep. by its Special Officer, Manamadurai, Sivagangai District.

8.The Arul Migu Somanatha Swamy Temple, Rep. by its Fit Person, 332/18, Keela Ratha Veethi, Manamadurai, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 and 7 to restore the 3 houses and a hotel occupied by the petitioner in respect of Door Nos.7, 8, 9 and 10 at East Car Street, Manamadurai Town, Sivagangai District, in Survey No. 332/18 in an extent of 1880 sq.ft. of land prior to eviction and consequently, direct the respondents to provide a compensation of Rs.20,00,000/- for forcible eviction of the petitioner without resorting to the procedure mandated under Sections 6 and 7 of the Tamil Nadu Land Encroachment Act, 1905. For Petitioner : Mr.M.Mahaboob Fazil for M/s.Roy and Roy Associates For R1, R3 and R5 : Mr.N.Ramesh Arumugam Government Advocate For R2 : Mr.S.Prakash Government Advocate (Criminal side)

For R6 : Mr.G.R.Satish For R7 : Mr.A.Thiyagarajan

ORDER

The learned counsel for the petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to approach the competent Civil Court, and has also made an endorsement to that effect.

2. Recording the aforesaid submission and the endorsement made by the learned counsel for the petitioner, this Writ Petition is dismissed as withdrawn, with liberty as prayed for. There shall be no order as to costs. It is needless to state that the Civil Court shall take into account the pendency of this Writ Petition while considering the aspect of limitation. Consequently, connected Miscellaneous Petition is closed.

NCC : Yes / No (K.SURENDER, J.) Index : Yes / No 05.01.2026 smn2

To:- 1.The District Collector, Sivagangai District, Sivagangai.

2.The Director General of Police, O/o. Director General of Police, Chennai.

3.The Commissioner, Hindu Religious and Charitable Endowment Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 34.

4.The Joint Commissioner, The Hindu Religious and Charitable Endowment Department, Sivagangai, Sivagangai District.

5.The Tahsildhar, Manamadurai Taluk, Sivagangai District.

6.The Additional Deputy Superintendent of Police, Prohibition and Enforcement Wing, District Police Office, Ramanathapuram, Ramanathapuram District.

7.The Special Officer, Manamadurai Selection Grade Panchayat, Manamadurai, Sivagangai District.

K.SURENDER , J.

smn2 05.01.2026