P.Porkodi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.02.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. Nos. 5336 and 5337 of 2024

1. P.Porkodi

2. N.Padmavathi ... Petitioners -vs1. The District Collector Tiruppur District

2. The Tahsildar Kangeyam Taluk

3. The Surveyor Kangeyam Taluk

4. The Block Development Officer Yellaipalayampudur Panchayat Kangeyam Taluk

5. The President Yellaipalayampudur Panchayat Kangeyam Taluk

6. The Village Administrative Officer Nelili Village Yellaipalayampudur Panchayat Kangeyam Taluk 1/6

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, forbearing the Respondents from constructing public toilets blocking the common pathway which is the only access to the Petitioner lands in Plot Nos. 28, 29, 30, 31 & 32 in R.S. Nos. 198, 199/1, 199/2 & 199/3 and old S. Nos. 707 & 708/2 situated in Nelili Village, Yellaipalayampudur Panchayat, Kangeyam Taluk, Tirupur. For Petitioner :

Mr. V.Ayyathurai, Senior Counsel for Mr. K.S.Karthik Raja For Respondents :

Mr. P.Ganesan (RR1 to 3) Additional Government Pleader Mrs. E.Indhumathi (RR4 & 5)

O R D E R

Heard Mr. V.Ayyathurai, Learned Senior Counsel appearing for the Petitioner, Mr. P.Ganesan, Learned Additional Government Pleader appearing for the First to Third Respondents, and Mrs. E.Indhumatha, Learned Additional Government Pleader appearing for the Fourth and Third Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.

The Writ Petition has been filed to restrain the Respondents from constructing public toilets blocking the common pathway which is said to be 2/6

the only access to the lands of the Petitioner located at Plot Nos. 28, 29, 30, 31 & 32 in R.S. Nos. 198, 199/1, 199/2 & 199/3 and old S. Nos. 707 & 708/2 in Nelili Village, Yellaipalayampudur Panchayat, Kangeyam Taluk, Tiruppur District.

3.

Learned Additional Government Pleader appearing for the First to Third Respondents has produced the copy of the Proceedings in Na. Ka. No. 3369/ 2021/Aa2 dated 29.02.2024 issued by the Block Development Officer (Village Panchayat), Kundadam, Tiruppur District stating that the proposal to construct toilets in that property has been dropped. In view of the same, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition. However, it is made clear that it would not preclude the Petitioner, if he still has any further grievance, from working out his remedies before proper forum in the manner recognized by law.

In the result, the Writ Petition is dismissed as withdrawn with the aforesaid clarification. Consequently, the connected Miscellaneous Petitions are closed. No costs.

29.02.2024 Index: Yes/No 3/6

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

Maya 4/6

To

1. The District Collector Tiruppur District

2. The Tahsildar Kangeyam Taluk

3. The Surveyor Kangeyam Taluk

4. The Block Development Officer Yellaipalayampudur Panchayat Kangeyam Taluk

5. The President Yellaipalayampudur Panchayat Kangeyam Taluk

6. The Village Administrative Officer Nelili Village Yellaipalayampudur Panchayat Kangeyam Taluk 5/6

P.D. AUDIKESAVALU, J.

Maya 29.02.2024 6/6