Mrs.Uma Muthukumaraswamy (Died) v. The Dy. Salt Commr.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.09.2023

CORAM:

THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN and THE HONOURABLE MR. JUSTICE K.RAJASEKAR S.T.A. No.1 of 2006 & S.T.P. No.2 of 2006 W.P. No.9367 of 2009 & M.P. No.1 of 2009 S.T.A. No.1 of 2006:

Uma Muthukumaraswamy (deceased) Alarmelvalli Appellants (Cause Title accepted vide Court order dated 13.03.2006 made in S.T.P. No.1 of 2006) (2nd appellant accepted as LR of deceased 1st appellant as per Memo dated 16.04.2019, ordered by Court on 22.07.2019) v The Deputy Salt Commissioner Government of India No.26, Haddows Road Shastri Bhavan Madras - 6 The Tahsildar Cheyyur Taluk Chengalput M.G.R. District The District Collector Chengalpet M.G.R. District 1/8

The State of Tamil Nadu represented by the Secretary Revenue Department Fort St. George, Madras 600 006 Respondents W.P. No.9367 of 2009:

Sakukthala Vedachalam Petitioner v The Deputy Salt Commissioner Government of India 26, Haddows Road Shastri Bhavan, Chennai 600 006 Alarmel Valli Respondents (R2 impleaded as per Court order dated 04.02.2020 made in W.M.P. No.30355 of 2019 in W.P. No.9367 of 2009) Special Tribunal Appeal filed under Section 30(2) of the Tamil Nadu Act 30 of 1963 challenging the order dated 22.06.2005 passed by the Minor Inams Tribunal (Principal Sub Court), Chengalpattu, in C.M.A. No.42 of 2003. Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus seeking to quash the letter dated 08.05.2009 and remand the dispute raised by the Salt Department in C.No.12029(5)P3/92/Vol.II/5396/99 dated 23.04.2009 to the Settlement Officer for fresh consideration and disposal. For petitioner and R2 Mr. S.L.

Sudarsanam in W.P.No.9367 of 2009 For R1 in Mr. A. Murugan W.P. No.9367 of 2009 Central Government Standing Counsel For appellants in S.T.A. No.1 of 2006 Mr. S.L. Sudarsanam For R1 in S.T.A. No.1 of 2006 Mr. A. Murugan For RR 2 to 4 in Mr. M.R. Gokul Krishnan S.T.A. No.

COMMON JUDGMENT (delivered by S. VAIDYANATHAN, J.) Today, when these matters were taken up for hearing, Mr.S.L.Sudarsanam, learned counsel for the writ petitioner as well the appellants in the special tribunal appeal, sought permission of this Court to withdraw the writ petition as well the special tribunal appeal, with liberty to approach the Civil Court seeking suitable relief of declaration, in view of the affidavits filed by the writ petitioner and the second appellant. The said affidavits are scanned and re-produced below for ready reference. 3/8

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In view of the above submission made by the learned counsel for the writ petitioner and the appellants, the writ petition and the special tribunal appeal are dismissed as withdrawn with liberty as prayed for. No costs. Connected M.P. and S.T.P. stand closed.

(S.V.N., J.) (K.R.S., J.) 21.09.2023 cad 7/8

S. VAIDYANATHAN, J.

and K. RAJASEKAR., J.

cad To The Deputy Salt Commissioner Government of India No.26, Haddows Road Shastri Bhavan Madras - 6 The Tahsildar Cheyyur Taluk Chengalput M.G.R. District The District Collector Chengalpet M.G.R. District The Secretary Revenue Department Government of Tamil Nadu Fort St. George Madras 600 006 S.T.A. No.1 of 2006 & W.P. No.9367 of 2009 21.09.2023 8/8