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Madras High CourtWP/20292/2018withdrawn dismissed

Villupuram K.K.Road Annai v. The District Collector

2022-02-25Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.20292 of 2018 and W.M.P.No.23830 of 2018 Villupuram K.K.Road Annai Indira Nagar Residents Welfare Association, Rep. by its Secretary, R.Kannan, Indira Nagar, K.K.Road, V.Marudhur, Villupuram.

.. Petitioner vs

1. The District Collector, Villupuram District, Villupuram.

2. The Assistant Engineer, Public Works Department (WRD), Villupuram.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the respondents from proceeding pursuant to the eviction notice dated 07.02.2018 issued by the 2nd respondent and evicting the members of the petitioner Association from the land under their respective occupation upon dwelling of their family, comprised in Survey No.299/3A of V.Marudhur Village, Villupuram without providing any alternate site for dwelling of their family members.

For the Petitioner : Mr.S.Rajendiran For the Respondents : Mr.P.Muthukumar State Government Pleader https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The learned counsel for the petitioner prays for withdrawal of the writ petition with liberty to avail the remedy of appeal. In view of the above, the writ petition is dismissed as withdrawn with liberty as prayed for. The liberty would not construe to condone the maintainability of the appeal and further more, the pendency of appeal would not refrain the other party to take action in the matter as the land in question is of a waterbody, unless an interim order is passed in the appeal. There will be no order as to costs.

Consequently, W.M.P.No.23830 of 2018 is closed.

Sd/- Assistant Registrar(CS-CCC) //True copy// Sub Assistant Registrar sra To:

1. The District Collector, Villupuram District, Villupuram.

2. The Assistant Engineer, Public Works Department (WRD), Villupuram.

W.P.No.20292 of 2018 GPL(CO) GMY(02/03/2022) https://hcservices.ecourts.gov.in/hcservices/