Madras High CourtWP/13741/2012dismissed as withdrawal

N.Murugesan, v. The District Collector,

2023-02-13Honourable Dr Justice Anita Sumanth4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 13.02.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.13741 of 2012 and MP.No.1 of 2012 N.Murugesan

...Petitioner

Vs 1.The District Collector, Dharmapuri District, Dharmapuri.

2.The Tahsildar, Dharmapuri Taluk, Dharmapuri.

3.The Executive Engineer, Public Works Department, District Collectorate Campus, Dharmapuri.

4.The Project Director, Rural Development, District Collectorate Campus, Dharmapuri.

5.The Commissioner, Dharmapuri Municipality, Dharmapuri.

6.The Assistant Commissioner, Hindu Religious and Endowment Department, Dharmapuri, Dharmapuri District.

(R6 impleaded vide order dated 30.09.2022 made in WMP.No.22764 of 2022 in WP.13741 of 2012)

7.The Executive Officer, Arulmigu Mariamman Temple, Vellegoundanpalayam, Dharmapuri District.

... Respondents (R7 impleaded vide order dated 01.11.2022 made in WMP.No.28146 of 2022 in WP.13741 of 2012) PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents not to dispossess the petitioner from the patta land of the Vellegoundanpalayam Arulmigu Mariamman Temple to an extent of 76 Cents in Survey No.373/1 bearing Patta No.391 situated at Vellegoundanpalayam village, Dharmapuri District otherwise than due process of law.

For Petitioner : Mr.P.Rathanavel For Respondents : Mr.S.Balamurugan (for R1 to R5) Government Advocate Mr.K.Karthikeyan (for R6) Government Advocate (HR&CE) Mr.Sithirai Anandan (for R7)

O R D E R

Mr.P.Rathanavel, learned counsel for the petitioner makes an endorsement to withdraw the writ petition, as the appropriate forum to agitate the grievances of the petitioner would be the appropriate Civil Courts. Hence, this writ petition is dismissed as withdrawn. No costs. Connected miscellaneous petition is closed.

2.The petitioner has, at the time of admission on 30.05.2012, been granted an order of interim injunction, which is in force presently. Hence, the aforesaid order of injunction shall continue for a period of twelve (12) weeks

from date of receipt of a copy of this order to enable the petitioner to move the Civil Court and obtain appropriate interim protection, to be considered in accordance with law.

13.02.2023 Index : Yes/No Speaking Order vs Note:Issue order copy on 14.02.2023.

To 1.The District Collector, Dharmapuri District, Dharmapuri.