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Madras High CourtWP/17097/2015withdrawn dismissed

R.Sasisuresh v. The President

2015-07-27Honourable Mr Justice M. Venugopal,Honourable Mr Justice Satish K. Agnihotri3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.07.2015

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. No.17097 of 2015 R. Sasisuresh

...Petitioner

Vs.

1 The President Thennadu Village Panchayat, Kottagiri Taluk Sholurmuttam, Nilgiris District.

2 The Block Development Officer, Kottagiri, Nilgiris District.

3 The Thasildar, Kottagiri, Nilgiris District.

4 The District Collector, Nilgiris District, Nilgiris.

5 M.Isabella Marry

...Respondent

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 4 to remove the encroachment made by the 5th respondent upon the common passage leading to petitioner's house situated at No.3/29 Sagayapuram Village, Sholurmuttam, Nilgiris District and to initiate appropriate action for the demolition of the illegal and unauthorized construction over the Panchyayat land situated at a height of 10 feet from the petitioner house and being put up by the 5th respondent.

For petitioner : Mr. V. Chinnasamy For respondents : Mr. R. Govindasamy Addl. Govt. Pleader - R1 & R2

Mr. P.S.Sivashanmugasundaram Spl. Govt. Pleader - R3 & R4 Mr. A. Immanuel - R5.

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI,J.,) Learned counsel appearing for the petitioner seeks permission to withdraw the writ petition with liberty to approach the civil Court and makes an endorsement to that effect, as under:- " Please, may be permitted to withdraw the above W.P. With liberty to approach the Civil Court."

2. In view of the above, the writ petition is dismissed as withdrawn with liberty as aforestated, if so advised under the provisions of law. No costs.

-Sd/- Assistant Registrar //True copy// Sub Assistant Registrar To 1 The President Thennadu Village Panchayat, Kottagiri Taluk Sholurmuttam, Nilgiris District.

2 The Block Development Officer, Kottagiri, Nilgiris District.

3 The Thasildar, Kottagiri, Nilgiris District.

4 The District Collector, Nilgiris District, Nilgiris.

+1cc to Mr.V.Chinasamy, Advocate (SR.38237) +1cc to Government pleader (SR.38519) +1cc to Mr.A.Immanuel,Advocate vide (SR.38324) GJ(CO) cp 06.08.2015 W.P. No.17097 of 2015