Madras High CourtWP/9464/2021withdrawn dismissed

P.Kavitha v. The District Collector

2024-10-21Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.10.2024

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and WMP Nos.10080, 10086, 10051 and 10053 of 2021 P.Kavitha : Petitioner in WP No.9464 of 2021 A.Palpandiyan : Petitioner in WP No.9483 of 2021 versus 1.The District Collector Thirupur Thirupur District.

2.The Commissioner Udumalpettai Municipality Udumalpettai Thirupur District.

3.Ponnammal 4.Muthulakshmi 5.M.Saraswathi : Respondents in both writ petitions Prayer: WP No.9464 of 2021 filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records relating to Notice of the 2nd respondent in Na.Ka.No.2721/2020/ F1 dated 05.01.2021 and Final Notice in Na.Ka.No.2721/2020/F1 dated 29.01.2021 quash the same consequently forbearing the 2nd respondent

from dispossessing evicting and demolishing the petitioners house in survey No.53 T.S. No.54 Situated at Door No.1-B Ponnammal Layout Velan Nagar Udumalaipettai Tiruppur District- 642126. Prayer: WP No.9483 of 2021 filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records relating to Notice of the 2nd respondent in Na.Ka.No.2721/2020/ F1 dated 05/01/2021 and Final Notice in Na.Ka.No..2721/2020/F1 dated 29/01/2021 quash the same consequently forbearing the 2nd respondent from dispossessing, evicting and demolishing the petitioner's house in Survey No.53, T.S.No.54, situated at Door No.1-A, Ponnammal Layout Velan Nagar, Udumalaipeettai, Tiruppur District 642126.

For Petitioners :

Mr.E.Sathiyaraj For Respondent No.1 :

Mr.K.Karthik Jagannath Government Advocate For Respondent No.2 :

Mr.P.Srinivas For Respondent No.3 :

Mr.M.Harish Kumar COMMON ORDER (Order of the Court was made by the Hon'ble Chief Justice) After the petitions were heard for some time, counsel for petitioners sought leave to withdraw the petitions, with liberty to file a suit against respondent No.3.

2. Petitions dismissed as withdrawn with liberty as prayed for.

3. All rights and contentions of all parties kept open, including on the issue of limitation.

4. There will be no order as to costs. Consequently, all the interim applications also stand disposed of.

(K.R.SHRIRAM, CJ.) (SENTHILKUMAR RAMAMOORTHY, J.) 21.10.2024 Index : Yes/No : Yes/No tar To 1.The District Collector Thirupur Thirupur District.

2.The Commissioner Udumalpettai Municipality Udumalpettai Thirupur District.

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY , J.

(tar) 21.10.2024