Writ petition seeking a mandamus to dispose of the petitioner's appeal was permitted to be withdrawn, with rights preserved to file a stay petition before the District Collector.
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W.P.No.38559 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.P.No.38559 of 2024 and
W.M.P.No.41765 of 2024 in
W.P.No.38559 of 2024
Dhanasekar S/o.Kaveri
... Petitioner
Vs.
Prayer :
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the 1st respondent to dispose of the petitioner's appeal dated 03.09.2024.
Page Nos.1/4
For Petitioner : Mr.R.Karunagaran
O R D E R
W.P.No.38559 of 2024
[Order of the Court was made by M.SUNDAR, J. ,]
After some arguments, Mr.R.Karunagaran, learned counsel on record for writ petitioner sought leave of this Court to withdraw the captioned 'Writ Petition' {'WP'} but made a plea to preserve rights and contention of writ petitioner to file a stay petition under Section 10-B of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity} before R1 [The District Collector, Krishnagiri District]. Request acceded to.
no stay petition has been filed.
scanned reproduction of the same is as follows:
Page Nos.2/4
W.P.No.38559 of 2024
Captioned WP and Writ Miscellaneous Petition are disposed of as withdrawn / closed without expressing any view or opinion on the merits of the matter but with preservation of rights of writ petitioner to move R1 by way of a stay petition under Section 10-B of said 1905 Act. There shall be no order as to costs.
(M.S.,J.) (K.R.S.,J.) 18.12.2024
Index : Yes / No Neutral Citation : Yes / No Speaking order / Non-speaking order mk
M.SUNDAR, J.,
Page Nos.3/4
W.P.No.38559 of 2024
and K.RAJASEKAR, J.,
mk
To
W.P.No.38559 of 2024
18.12.2024
Page Nos.4/4
1 issue framed by the court
Whether the petitioner could withdraw the writ petition while preserving his right to file a stay petition before the District Collector under Section 10-B of the 1905 Act.
2 provisions across 2 enactments
Dhanasekar S/o.Kaveri
The District Collector Krishnagiri District
The Tahsildar Kaveripattinam Krishnagiri District
The Block Development Officer Kaveripattinam Krishnagiri District
M.Sundar
K.Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
