W.P.No.783 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.01.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.P.No.783 of 2025 and W.M.P.No.954 of 2025 S.Palaniyarasu S/o.Subramani ... Petitioner Vs. 1. The State of Tamil Nadu Rep. by its Secretary to Government Housing and Urban Development Secretariat, Fort St.George Chennai-600 009. 2. The Director Department of Town and Country Planning Annasalai, Chennai-600 002. 3. The District Collector Chennai District Chennai-600 001. 4. The Commissioner Corporation of Chennai Rippon Buildings Chennai-600 003. 5. The Tahsildar Thiruvottiyur Taluk Chennai District. Page Nos.1/6 https://www.mhc.tn.gov.in/judis W.P.No.783 of 2025 6. The Executive Engineer Zone-01 Corporation of Chennai Thiruvottiyur Chennai-600 019. ... Respondents Prayer : Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari, to call for the records relating to the impugned notice dated 28.12.2024 made in Na.Ka.No.B1/1852/2024 passed by the 5th respondent under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 in respect of the property comprised in Survey No.21, situated at Kathivakkam Village, Thiruvottiyur Taluk, Chennai District and to quash the same. For Petitioner : Mr.C.Prabakaran For Respondents : Mr.V.Ravi, Special Government Pleader for R1 to R3 and R5 Mr.Mohammed Ghouse for Mr.G.T.Subramanian, Standing Counsel, for R4 and R6 O R D E R [Order of the Court was made by M.SUNDAR, J.,] After some arguments, Mr.C.Prabakaran, learned counsel on record for writ petitioner sought leave of this Court to withdraw the captioned main 'Writ Petition' {hereinafter 'WP' for the sake of brevity} and captioned 'Writ Page Nos.2/6 https://www.mhc.tn.gov.in/judis W.P.No.783 of 2025 Miscellaneous Petition' {hereinafter 'WMP' for the sake of brevity} thereat and made a request to preserve all rights and contentions of writ petitioner to canvass the same in a statutory appeal under Section 10 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity} to R3. To be noted, learned counsel for writ petitioner submits that a notice / order under Section 6 of said 1905 Act has since been issued, saying so, learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows: Page Nos.3/6 https://www.mhc.tn.gov.in/judis W.P.No.783 of 2025 2. In the light of the narrative thus far, captioned main WP and captioned WMP thereat are disposed of as withdrawn / closed albeit with preservation of all rights and contentions of writ petitioner in the aforesaid manner. There shall be no order as to costs. (M.S.,J.) (K.R.S.,J.) 20.01.2025 Index : Yes / No Neutral Citation : Yes / No Speaking order / Non-speaking order mk Note: Upload forthwith Page Nos.4/6 https://www.mhc.tn.gov.in/judis W.P.No.783 of 2025 To 1. The State of Tamil Nadu Rep. by its Secretary to Government Housing and Urban Development Secretariat Fort St.George Chennai-600 009. 2. The Director Department of Town and Country Planning Annasalai, Chennai-600 002. 3. The District Collector Chennai District Chennai-600 001. 4. The Commissioner Corporation of Chennai Rippon Buildings Chennai-600 003. 5. The Tahsildar Thiruvottiyur Taluk Chennai District. 6. The Executive Engineer Zone-01 Corporation of Chennai Thiruvottiyur Chennai-600 019. ... Respondents Page Nos.5/6 https://www.mhc.tn.gov.in/judis W.P.No.783 of 2025 M.SUNDAR, J., and K.RAJASEKAR, J., mk W.P.No.783 of 2025 20.01.2025 Page Nos.6/6 https://www.mhc.tn.gov.in/judis