Mr. Sanjay Tulsyan v. The Tashildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.02.2017

CORAM:

THE HON'BLE MR.JUSTICE K.K.SASIDHARAN AND THE HON'BLE MR.JUSTICE V.PARTHIBAN Writ Appeal No.185 of 2017 and CMP No.2767 of 2017 Sanjay Tulsya ...Appellant/Petitioner vs.

1.The Tahsildar, Office of Tahsildar, Sollinganallur, Kancheepuram District.

2.Chinmaya Mission

...Respondents/Respondent

Appeal filed under clause 15 of the Letters Patent against the order dated 24.11.2016 made in W.P.No.41234 of 2016filed under Article 226 of Constitution of India to issue a Writ of Certiorarified Mandamus Calling for the records of 1st respondent culminating in the impugned order dated 6.6.2016 in RC:695/ 2015/B2 quash the same and directing the 1st respondent to Uthandi Village Now Tambaram Taluk Kancheepuram District comprised in R.S. No.2/ 2A & 3/1 now sub divided as New Survey Nos.2/6B 2/6C 2/6D & 2/12B measuring a total extent of acre 0.38 cents within a time frame.

For Appellant : Mr.V.Johnson Yuvaraj

J U D G M E N T

K.K.SASIDHARAN,J.

The learned counsel for the appellant made an endorsement indicating that he is withdrawing the writ appeal with liberty to file civil suit before the appropriate Civil Court. According to the learned counsel, the Civil Court should be directed to dispose of the matter on merits without in any way being influenced by the order passed by the authority, which is the subject matter in W.P.No.41234 of 2016.

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2. In view of the endorsement made by the learned counsel for the appellant, the writ appeal is dismissed as withdrawn. It is needless to point out that it is open to the appellant to take up all the contentions before the concerned Civil Court. Since the entire matter is at large before the Civil Court, it is open to the said Court to decide the matter on merits. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To The Tahsildar, Office of Tahsildar, Sollinganallur, Kancheepuram District.

+1cc to Mr.S. Ashok Kumar, Advocate Sr. 12004 +1cc to the Government Pleader Sr. 12632 Writ Appeal No.185 of 2017 GJ(CO) VR(14/03/2017) https://hcservices.ecourts.gov.in/hcservices/