Writ petition challenging emergency proceedings issued by the Tahsildar under the Tamil Nadu Land Encroachment Act, 1905 was withdrawn by the petitioner with all rights and contentions preserved for appeal or revision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.35004 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.11.2024
Coram
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.P.No.35004 of 2024
T.Senbagam W/o.Thiruvengadam
... Petitioner
vs
https://www.mhc.tn.gov.in/judis Page 1 of 6
W.P.No.35004 of 2024
Dharmapuri District – 636 903
Taluk Office, Harur Taluk Dharmapuri District – 636 903
Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the entire records pertaining to the impugned emergency proceedings in Na.Ka.No.1624/2024/A2 dated 28.10.2024 on the file of 5th respondent / Tahsildar herein and quash the same as without jurisdiction, illegal, untenable, arbitrary and unconstitutional and further directing the 1st to 4 th respondents to conduct enquiry in accordance with law on the basis of the petitioner's representation dated 11.11.2024.
For Petitioner : Mr.J.Agni Selvaraju For Respondents : Mr.T.K.Saravanan Government Advocate for R1 to R5
O R D E R
(Order of the Court was made by M.SUNDAR, J.)
After some arguments, Mr.J.Agni Selvaraju, learned counsel for
writ petitioner sought leave of this Court to withdraw the captioned writ
https://www.mhc.tn.gov.in/judis Page 2 of 6
W.P.No.35004 of 2024
petition but made a plea to preserve all the rights and contentions
including the rights and contentions raised in the captioned writ petition
to be raised either in an appeal under Section 10 or in a revision under
Section 10-A(1)(a) of 'the Tamil Nadu Land Encroachment Act, 1905
(Tamil Ndu Act III of 1905)' [hereinafter 'said 1905 Act' for the sake of
brevity and convenience] if so advised and if so desired.
scanned reproduction of the same is as follows:
disposed of as withdrawn/closed albeit preserving all the rights and
https://www.mhc.tn.gov.in/judis Page 3 of 6
W.P.No.35004 of 2024
contentions of the writ petitioner in the aforesaid manner. Consequently,
captioned WMP is also disposed of as withdrawn/closed. There shall be
no order as to costs.
[M.S., J] [K.R.S., J] 25.11.2024
gpa
To
https://www.mhc.tn.gov.in/judis Page 4 of 6
W.P.No.35004 of 2024
https://www.mhc.tn.gov.in/judis Page 5 of 6
W.P.No.35004 of 2024
M.SUNDAR,J., and K.RAJASEKAR, J.,
gpa
W.P.No.35004 of 2024
25.11.2024
https://www.mhc.tn.gov.in/judis Page 6 of 6
3 provisions across 2 enactments
T.Senbagam W/o.Thiruvengadam
The Commissioner, Commissionerate of Land Administration, Chennai
The District Collector, Dharmapuri
The District Revenue Officer, Dharmapuri
The Revenue Divisional Officer, Harur Division
The Tahsildar, Harur Taluk
M.SUNDAR
K.RAJASEKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
