M.V.M.Sasikumar, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED : 24.06.2021 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.No.22854 of 2013 M.V.M.Sasikumar

...Petitioner

-Vs1. The District Collector Thiruvallur, Thiruvallur District.

2. The District Revenue Officer Thiruvallur, Thiruvallur District.

3. The Tahsildar, Ambattur Taluk Ambattur, Chennai.

4. The Revenue Divisional Officer Ponneri.

5. Mrs.Jaya

...Respondents

Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records of the 2nd respondent made in Na.Ka.No.31479/2010/A3 dated 4.6.2013 which was in the nature of confirming the order of the fourth respondent made in Na.Ka.No.1119/2010/A1 dated 3.8.2010 and quash the same and direct the respondents to restore the patta granted in petitioner's favour.

For Petitioner :

Mr.C.Subramanian For Respondents :

Mr.Richardson Wilson Government Counsel - for RR 1 to 4

O R D E R

The prayer sought for herein is for a Writ of Certiorarified Mandamus to call for the records of the 2nd respondent made in Na.Ka.No.31479/2010/A3 dated 04.06.2013

which was in the nature of confirming the order of the fourth respondent made in Na.Ka.No.1119/2010/A1 dated 03.08.2010 and quash the same and direct the respondents to restore the patta granted in petitioner's favour.

2. Though this writ petition has been filed with the aforesaid prayer, today when the case is taken up for hearing, the learned counsel appearing for the petitioner has filed a memo on behalf of the petitioner dated 22.06.2021, wherein inter alia the following has been stated.

" 2. The petitioner submits that the subject matter of the Patta property (ie., land measuring eastern portion of 0.23 cents comprised in Survey No.394/1 at Ayanampakkam Village, Mel Ayanambakkam Road, Ambattur Taluk, Thiruvallur District) was pending between the petitioner and respondent No.5 and during the course of proceedings in order to buy peace both the parties had arrived a compromise. Based on the said compromise the Respondent No.5 had approached the petitioner with proposal to sell the subject matter of the patta property and the petitioner had expressed his consent to purchase the subject matter of the patta property without prejudice to the rights of the petitioner.

3. The petitioner submits that the petitioner and the respondent No.5 had entered into a Memorandum of Understanding dated 04.05.2021 and Sale Agreement dated 04.05.2021 to that effect. (Copy enclosed in the Type Set of Papers) pertaining to the subject matter of the Patta property.

Therefore, it is prayed that this Hon'ble Court may be pleased to record this Memo filed by the petitioner and based on the above memo liberty may be given to the petitioner to withdraw the writ petition and thus render justice."

3. Relying upon the said memo, the learned counsel appearing for the petitioner would submit that, there has been a settlement reached between the petitioner and the fifth respondent, who is the main contesting respondent with regard to the land in question. Hence, the petitioner seeks to withdraw the writ petition by recording the aforesaid contents made in the memo.

4. Heard Mr.Richardson Wilson, learned Government Counsel appearing for the official respondents.

5. In view of the aforesaid development, where the

petitioner wants to withdraw the writ petition by recording the contents of the memo filed therein, this writ petition is dismissed as withdrawn. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar kst To

1. The District Collector, Thiruvallur, Thiruvallur District.

2. The District Revenue Officer, Thiruvallur, Thiruvallur District.

3. The Tahsildar, Ambattur Taluk, Ambattur, Chennai

4. The Revenue Divisional Officer, Ponneri.

+2ccs to Mr.Rajasenthoor Pandian, Advocate, S.R.No.29663 +1cc to the Government Pleader, S.R.No.29569 W.P.No.22854 of 2013 LN (CO) SU (19/07/2021)