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Madras High CourtWP(MD)/24420/2024withdrawn dismissed

K.Nehru v. The District Collector Cum Chairperson

2024-10-28Honourable The Chief Justice,Honourable Mr Justice Mohammed Shaffiq5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 28/10/2024

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ and WMP(MD)No.20743 of 2024 K.Nehru ... Petitioner Vs

1. The District Collector cum Chairperson, High Level Monitoring Committee, Tenkasi District.

2. The Tahsildar, Thiruvengadam Taluk, Tenkasi District.

... 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 of the impugned notice issued by the 2nd respondent dated 01.10.2024 issued under Section 6 of Land Encroachment Act, 1905 and quash the same as illegal.

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For Petitioner : Mr.K.Govindarajan, for Mr.R.J.Karthick For Respondents : Mr.P.T.Thiraviyam Government Advocate

ORDER

(Order of the Court was made by the Hon'ble the Chief Justice) After the petition was heard for some time, counsel sought leave to withdraw the petition with liberty to file an appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905.

2.Counsel states the appeal will be filed within two weeks. Counsel also states the petitioner will move the appellate authority for stay.

3. Counsel further submits that since the petitioner has been enjoying an ad-interim stay, the stay may be extended for a reasonable period, so that the petitioner shall apply for stay to the appellate authority.

4. Petition is dismissed as withdrawn with liberty as prayed for. The appeal shall be filed within two weeks together with stay 2/5

application. The stay application / appeal shall be disposed as per law. Petitioner may apply for early hearing of the appeal and also the stay application to the appellate authority. The protection order granted earlier by this Court shall continue till 15th December, 2024. There shall be no order as to costs. Consequently, interim application stands disposed of.

(K.R.SHRIRAM, C.J.) (MOHAMMED SHAFFIQ, J.) 28.10.2024 NCC : Yes/No Index : Yes/No RM 3/5

To

1. The District Collector cum Chairperson, High Level Monitoring Committee, Tenkasi District.

2. The Tahsildar, Thiruvengadam Taluk, Tenkasi District.

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THE HON'BLE CHIEF JUSTICE AND MOHAMMED SHAFFIQ, J.

RM

ORDER

IN WP(MD) No.24420 of 2024 Date : 28/10/2024 5/5