Dismissed

M.Selvapriya v. the District Collector

Madras HC13 Nov 2024WP/33929/2024

Case brief

AI extract

What is this about?

Writ petition challenging a land encroachment notice was withdrawn by the petitioner, with the Court preserving the right to pursue a statutory appeal under the Tamil Nadu Land Encroachment Act, 1905. Original impugned order directed to be returned to counsel.

What did the court decide?

Writ petition and WMP dismissed as withdrawn; right to prefer statutory appeal under Section 10 preserved; original impugned order to be returned.

M.Selvapriya Vs the District Collector — Property and Title | Madras HC (2024)

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W.P.No.33929 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 13.11.2024

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CORAM

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THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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W.P.No.33929 of 2024 and W.M.P.No.36753 of 2024 in

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W.P.No.33929 of 2024

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M.Selvapriya W/o.Muthukumar ... Petitioner

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Vs.

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The District Collector Cuddalore District Cuddalore.

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The Tahsildar Chettithangal Village Kattumannarkoil Taluk Cuddalore District.

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The Village Administrative Officer Kattumannarkoil Taluk Cuddalore District - 608 304.

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Page Nos.1/4

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https://www.mhc.tn.gov.in/judis

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W.P.No.33929 of 2024

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B.Ramesh S/o.Balakrishnan ... Respondents

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Prayer :

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Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records of the 2nd respondent the Notice under Section 6 of Chennai 3rd 1905 Act, dated 28.10.2024 and quash the same.

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For Petitioner : Mr.R.Subramaniyan For Respondents : Mr.M.S.Arasakumar Government Advocate for R1 to R3

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O R D E R

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[Order of the Court was made by M.SUNDAR, J. ,]

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When the matter was taken up, Mr.R.Subramaniyan, learned counsel

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on record for writ petitioner sought leave of this Court to withdraw captioned main 'Writ Petition' {hereinafter 'WP' for the sake of brevity} but made a plea to preserve rights of the writ petitioner to prefer a Statutory Appeal (subject of course to limitation, if any) under Section 10 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said Act' for the sake of brevity}, saying so, learned counsel has made an endorsement in the case file and a scanned reproduction of the Page Nos.2/4

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https://www.mhc.tn.gov.in/judis

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W.P.No.33929 of 2024

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same is as follows:

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Captioned WP dismissed as withdrawn albeit with preservation of rights in the aforementioned manner/as sought for. Consequently, captioned Writ Miscellaneous Petition thereat also dismissed as withdrawn. There shall be no order as to costs.

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(M.S.,J.) (K.R.S.,J.) 13.11.2024

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Index : Yes / No Neutral Citation : Yes / No Speaking order / Non-speaking order mk

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P.S.

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Learned counsel for writ petitioner requests for return of original impugned order to prefer an appeal / revision. Registry to return the original impugned order forthwith under due acknowledgment to learned counsel for writ petitioner.

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M.SUNDAR, J.,

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Page Nos.3/4

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https://www.mhc.tn.gov.in/judis

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W.P.No.33929 of 2024

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and

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K.RAJASEKAR, J.,