Muthulakshmi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2024

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and W.M.P. Nos.10551 and 10553 of 2021 in W.P. No.9937 of 2021 Muthulakshmi ... Petitioner Vs.

1.The District Collector, Thirupur, Thirupur District.

2.The Commissioner, Udumalpettai Municipality, Udumalpettai, Thirupur District.

3.Ponnammal ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to impugned order of the second respondent in Na.Ka.No.2721/2020/F1 dated 05.01.2021 and quash the same, consequently forbear the second respondent from dispossessing, Page Nos.1/5

evicting and demolishing the petitioner's house in Survey No.53, T.S.No.54 situated at Door No.2, Ponnammal Layout, Velan Nagar, Udumlaipettai, Thiruppur District - 642 126.

For Petitioner :

Mr.R.Rajeshkrishnan For Respondents :

Mr.M.S.Arasakumar, Govt. Advocate for R1 Mr.M.Harish Kumar for R3 No appearance for R2

ORDER

[Order of the Court was made by M.SUNDAR, J.,] Mr.R.Rajeshkrishnan, learned counsel for sole writ petitioner is before us. Mr.M.S.Arasakumar, learned Government Advocate for R1 (District Collector, Thirupur District) and Mr.M.Harish Kumar, learned counsel for R3 (Ms.Ponnammal, W/o.Mr.Palaniappan) are before this Court. R2 has entered appearance through a counsel (Mr.P.Srinivas and his co-counsel) and name of the counsel is duly shown in the cause list but there is no representation for R2 (Commissioner, Udumalaipettai Municipality) either in physical Court or on VC (video conferencing) platform (to be noted, this is a hybrid hearing, which is a regular/routine/daily feature in this Court). Page Nos.2/5

2. Learned counsel for writ petitioner seeks leave of this Court to withdraw the captioned 'Writ Petition' (hereinafter 'WP' for the sake of brevity) but makes a plea to preserve the rights and contentions of the writ petitioner to file a civil suit, if so advised and if so desired. Saying so, learned counsel has made endorsement in the case file and a scanned reproduction of the same is as follows: Page Nos.3/5

3. Captioned WP is disposed of as withdrawn/closed albeit preserving all the rights and contentions of the writ petitioner to file a civil suit, if so desired and if so advised. Though obvious we make it clear that if a civil suit is filed, the Court concerned shall deal with the same on its own merits and in accordance with law untrammelled by this order. Consequently, captioned 'Writ Miscellaneous Petitions' ('WMPs' for brevity) are disposed of as withdrawn/closed. There shall be no order as to costs.

(M.S.,J.) (K.R.S.,J.) 04.11.2024 Index : Yes / No mmi To 1.The District Collector, Thirupur, Thirupur District.

2.The Commissioner, Udumalpettai Municipality, Udumalpettai, Thirupur District.

Page Nos.4/5

M.SUNDAR, J., and K.RAJASEKAR, J., mmi 04.11.2024 Page Nos.5/5