Mrs.C.Kamatchi, v. The District Collector Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20/8/2015 C O R A M THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE K.K.SASIDHARAN W.A. No.1093 of 2015 and M.P. No.1 of 2015 Mrs.C.Kamatchi ...Appellant/Petitioner Vs

1. The District Collector-cum-Arbitrator under the National Highways Act Collectorate Kancheepuram District.

2. The Competent Authority & Special District Revenue Officer (L.A) National Highways Kancheepuram District.

3. National Highways Authority of India rep. By its Project Director Project Implementation Unit No.1/54-28 Butt Road St. Thomas Mount Near Kathipara Junction Chennai 600 016.

4. The Divisional Engineer (Highways) Construction and Maintenance Chennai City Road Division Saidapet Chennai 600 015.

...Respondents/Respondents

Writ Appeal filed under Clause 15 of the Letter Patent to set aside the order passed by the learned Judge in W.P.No.29575 of 2014 dated 17/2/2015 and consequently inject the fourth respondent not to enter into the land of appellant in S.N:178/2b without following the due process of law.

W.P.No.29575 of 2014:

Writ Petition filed under Article 226 of the Constitution of India, a Writ of Mandamus, forbearing the respondents from disposessing the petitioner from the petitioner land survey No.178/2b to an extent of 3976 square feet covered under the registered sale deed No.11713/2007 dated 31.12.2007 without following the due process of law.

For appellant : Mr.D.Muthukumar

J U D G M E N T

(Judgment of the Court was made by SATISH K. AGNIHOTRI,J.,) Learned counsel appearing for the appellant submits that factual mistakes have occurred in the judgment sought to be appealed, as the fourth respondent is an Officer of National Highways and not the Special District Revenue Officer.

2. In that view of the matter, the appellant seeks permission to withdraw the writ appeal with liberty to file review before the writ Court and makes an endorsement to that effect, as under: "Permit me to withdraw to file a review before the learned Single Judge."

3. Accordingly, the writ appeal is dismissed as withdrawn with liberty to file a review before the writ Court, if so advised, under the provisions of law. Consequently, M.P. No. 1 of 2015 is dismissed. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar

mvs.

To

1. The District Collector-cum-Arbitrator under the National Highways Act Collectorate Kancheepuram District.

2. The Competent Authority & Special District Revenue Officer (L.A) National Highways Kancheepuram District.

3. National Highways Authority of India rep. By its Project Director Project Implementation Unit No.1/54-28 Butt Road St. Thomas Mount Near Kathipara Junction Chennai 600 016.

4. The Divisional Engineer (Highways) Construction and Maintenance Chennai City Road Division Saidapet Chennai 600 015.

1 CC to Mr.D.Muthukumar, Advocate SR.No. 44336 1 CC to the Government Pleader, SR.No. 44480 W.A. No.1093 of 2015 PUR (CO) PSI (03.09.2015)