D.Malliga v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2015

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. No.13623 of 2015 and M.P. No.1 of 2015 D. Malliga ... Petitioner Vs.

The Secretary to Government Revenue Department Fort St. George Chennai 600 009 The District Collector Coimbatore Coimbatore 641 001 The Revenue Divisional Officer Coimbatore District Coimbatore 641 001 The Tahsildar Palladam Taluk Palladam Coimbatore District 641 664 The Tahsildar Sulur Taluk Sulur Coimbatore District D.K. Karthikeyan Santhamani Masilamani

Santha Suseela Malliga Ramu Malliga Valli Pappal Rajeshwari ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records of the second respondent in Na.Ka. 18257/2012/aa2 and to quash the order dated 26.11.2013 made therein and consequently to direct the respondents 1 to 5 to forbear from obliterating or otherwise obstructing or restricting the water course in Survey No.214/2A1, Selakarisal Village, Sulur Taluk, Coimbatore District. For petitioner : Mr. Thilak Narayanan For RR 1-5 : Mr. P.S. Sivashanmugasundaram Special Government Pleader

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) The learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition with liberty to file impleading petition in W.P. No.15698 of 2013 and he has also made an endorsement to that effect, as under:

"W.P. may be permitted to withdraw with liberty to file impleading petition in W.P. No.15698 of 2013." Albeit the learned counsel for the petitioner has made the aforestated endorsement, seeking liberty to file impleading petition in W.P. No.15698 of 2013, we are not inclined to grant such liberty as sought by the learned counsel for the petitioner for the reason that we are only inclined to dismiss the writ petition.

Viewed in that perspective, the writ petition is dismissed as withdrawn, granting liberty to the petitioner to take recourse to the appropriate forum in accordance with law and in the manner known to law, if she so desires/advised. No costs. Connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar cad To The Secretary to Government Revenue Department Fort St. George Chennai 600 009 The District Collector Coimbatore Coimbatore 641 001 The Revenue Divisional Officer Coimbatore District Coimbatore 641 001 The Tahsildar Palladam Taluk Palladam Coimbatore District 641 664 The Tahsildar Sulur Taluk Sulur Coimbatore District +1cc to Mr.T.M.Hariharan, Advocate, S.R.No.24352 +1cc to the Government Pleader, S.R.No.24731 W.P. No.13623 of 2015 BKY(CO) CA(15/05/2015)