E.Karthikayan v. The President

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. Nos. 3375 and 3376 of 2024 E.Karthikeyan ... Petitioner -vs1. The President,

2. The Executive Officer,

3. The Inspector of Police, Ranipettai Police Station, ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus to consider the representation letter dated 13.01.2024 and thereby directing the First and Second Respondents their men, agent(s), worker(s) not to interfere with Petitioner's right for free access to enter his vacant land admeasuring 25 cents comprised in S. Nos. 725/1 and 725/3, Amoor Village from Amoor - Edapalayam Road. 1/6

For Petitioner :

Mr. S.Sivanandam For Respondents :

Mr. R.Y.Dinesh Rajkumar (for R1 & R2) Mr. J.Subbiah, Government Advocate (Criminal Side) (for R3)

O R D E R

Heard Mr. S.Sivanandam, Learned Counsel for the Petitioner, Mr. R.Y.Dinesh Rajkumar, Learned Counsel, who takes notice for the First and Second Respondents, and Mr. J.Subbiah, Learned Government Advocate (Criminal Side), who takes notice for the Third Respondent, and perused the materials placed on record, apart from the pleadings of the parties. 2.

The grievance ventilated by the Petitioner is that he had made a representation dated 13.01.2024 to direct the First and Second Respondents their men, agents or workers not to interfere with right of the Petitioner for free access to enter his vacant land admeasuring 25 cents comprised in Survey Nos. 725/1 and 725/3, Amoor Village from Amoor - Edapalayam Road, but as it did not evoke any response, it has necessitated the filing of this Writ Petition. 2/6

3.

When it was pointed out that the Petitioner would have to make a representation to the revenue authorities with reference to the entries in the revenue records in respect of passage sought by the Petitioner and in the event of not being able to succeed, he may work out his rights before the proper forum in the manner recognized by law, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner to resort to the aforesaid procedure and he has made an endorsement to that effect in the court record. In view of the same, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. Consequently, the connected Miscellaneous Petitions are closed. No costs.

12.02.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 23.04.2024.

vjt To

1. The President, 3/6

4/6

2. The Executive Officer,

3. The Inspector of Police, Ranipettai Police Station, 5/6

P.D. AUDIKESAVALU, J.

vjt 12.02.2024 6/6