W.P.No.5575 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.02.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI W.P.No.5575 of 2025 P.Govindasamy S/o.Perumal ...Petitioner Vs 1. The Secretary to Government Revenue Department Government of Tamil Nadu Fort Saint George Chennai-600 009. 2. The District Collector of Villupuram O/o. District Collector, Collectorate Villupuram. 3. The Revenue Divisional Officer O/o. Revenue Divisional officer Villupuram, Villupuram District. 4. The Revenue Tahsildar Marakkanam Taluk Marakkanam, Villupuram District. Page Nos.1/6 https://www.mhc.tn.gov.in/judis W.P.No.5575 of 2025 5. The Block Development Officer O/o. Block Development Office Marakkanam Panchayat Union Marakkanam, Tindivanam Taluk Villupuram District. 6. The President Kolathur Panchayat Union Kolathur, Tindivanam Taluk Villupuram District. 7. S.Anbazhagan S/o.Solaivazhi ...Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 4 to 6 herein to implement the orders of the 5th respondent by their notification Na.Ka.A2/164/2024 dated 31.08.2024 and to take action to remove the encroachment made by the 7th respondent in the Village Panchayat Road, which is in the entrance of his house and there he constructed bathroom and planted trees comprised in Survey No.43, as per the revenue records in Sathamangalam Village, Marakkanam Taluk, Villupuram District. For Petitioner : Mr.R.Agilesh Page Nos.2/6 https://www.mhc.tn.gov.in/judis W.P.No.5575 of 2025 O R D E R [Order of the Court was made by M.SUNDAR, J.,] After some arguments, Mr.R.Agilesh, learned counsel on record 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 qua O.S.No.78 of 2024 on the file of the Additional District Munsif Court, Tindivanam. To be noted, writ petitioner is D5 in O.S.No.78 of 2024. Learned counsel submits that writ petitioner in his capacity as D5 has already taken out an application under Order VII Rule 11 Sub-Rule (d) of the Code of Civil Procedure, 1908 (5 of 1908) seeking rejection of plaint inter alia on the ground that there is specific plaint averment that the suit property belongs to the Government. We express no opinion on the same, as the matter will now fall for consideration before learned Additional District Munsif, Tindivanam. 2. Learned counsel for writ petitioner 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.5575 of 2025 3. In the light of the narrative thus far, captioned WP is disposed of as closed / withdrawn albeit with preservation of rights in the aforesaid manner qua O.S.No.78 of 2024 and with a further observation that learned Additional District Munsif shall now proceed with the rejection of plaint application therein on its own merits and in accordance with law untrammeled by this withdrawal / order. There shall be no order as to costs. [M.S.,J.] [K.G.T.,J.] 19.02.2025 Index : Yes / No Neutral Citation : Yes / No Speaking order / Non-speaking order mk Page Nos.4/6 https://www.mhc.tn.gov.in/judis W.P.No.5575 of 2025 To 1. The Secretary to Government Revenue Department Government of Tamil Nadu Fort Saint George Chennai-600 009. 2. The District Collector of Villupuram O/o. District Collector, Collectorate Villupuram. 3. The Revenue Divisional Officer O/o. Revenue Divisional officer Villupuram, Villupuram District. 4. The Revenue Tahsildar Marakkanam Taluk Marakkanam, Villupuram District. 5. The Block Development Officer O/o. Block Development Office Marakkanam Panchayat Union Marakkanam, Tindivanam Taluk Villupuram District. 6. The President Kolathur Panchayat Union Kolathur, Tindivanam Taluk Villupuram District. Page Nos.5/6 https://www.mhc.tn.gov.in/judis W.P.No.5575 of 2025 M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mk W.P.No.5575 of 2025 19.02.2025 Page Nos.6/6 https://www.mhc.tn.gov.in/judis