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S.Sankar v. the District Collector

Madras HC17 Feb 2025WP/5142/2025

Case brief

AI extract

What is this about?

W.P.No.5142 of 2025, High Court of Judicature at Madras, order dated 17.02.2025 by M.SUNDAR, J. (with K.GOVINDARAJAN THILAKAVADI, J.): Article 226 mandamus writ petition by landowner S.Sankar against official respondents (District Collector, District Superintendent of Police, Tahsildar, Inspector of Police, Thiruvallur) and private respondents Ramu and Abdul Majeed regarding alleged encroachment of 0.22 cents in Survey No.57/19, Patta No.11049, Melnallathur Village, Thiruvallur Taluk; writ petition withdrawn/closed after arguments with all rights and contentions preserved to pursue Civil Court remedy; no order as to costs.

What did the court decide?

Writ petition permitted to be withdrawn and closed; all rights and contentions of the writ petitioner preserved to pursue appropriate remedy/remedies in a Civil Court. No order as to costs.

S.Sankar Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

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W.P.No.5142 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 17.02.2025

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CORAM

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THE HONOURABLE MR.JUSTICE M.SUNDAR and

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THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI

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W.P.No.5142 of 2025

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S.Sankar S/o.Selvaraj

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...Petitioner

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The District Collector O/o. District Collectorate Office Thiruvallur Thiruvallur District.

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The District Superintendent of Police O/o. District Superintendent Office Thiruvallur Thiruvallur District.

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The Tahsildar O/o. Tahsildar Office Thiruvallur.

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The Inspector of Police Manavala Nagar Police Station Manavalanagar Thiruvallur District.

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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.5142 of 2025

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Ramu, S/o.Venkataramana Naidu

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6. Abdul Majeed ...Respondents

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Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 4 herein to consider the representation dated 24.01.2025 with regard to take immediate steps to remove the encroachments made by the respondents 5 and 6 herein on the petitioner's property measuring 0.22 cents comprised in Survey No.57/19, Patta No.11049 situate in Melnallathur Village, Thiruvallur Taluk and District with the help of respondents 2 and 4 herein.

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For Petitioner : Mr.R.Srinivasa Rao

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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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After some arguments, Mr.R.Srinivasa Rao, learned counsel on record

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for writ petitioner sought leave of this Court to withdraw the captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity, convenience and clarity} but made a plea to preserve all rights and contentions of writ petitioner to pursue appropriate remedy / remedies in a Civil Court as alleged

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Page Nos.2/4

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

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W.P.No.5142 of 2025

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encroachment is in writ petitioner's private property and alleged encroachers

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are writ petitioner's neighboring properties owners.

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2. Learned counsel has made an endorsement in the case file and a

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scanned reproduction of the same is as follows:

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3. In the light of the narrative thus far, captioned main WP is disposed

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of as withdrawn / closed albeit with preservation of rights and contentions of writ petitioner to pursue suitable remedy in a Civil Court. There shall be no order as to costs.

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

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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.5142 of 2025

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M.SUNDAR, J., and

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