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Madras High CourtWP/5405/2007withdrawn dismissed

M.L. Ravi v. Asst Commissioner (Land

2018-07-24Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2018

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.5405 of 2007 1.M.L.Ravi 2.R.Sudhakar 3.R.Suman 4.R.Tamilarasu ... Petitioners

Versus

1.Asst.Commissioner (Land Reforms), O/o. Asst.Commissioner of Land Reforms, Collectorate Complex, Villupuram.

2.The Thasildar, O/o. Taulk Office, Gummidipoondi Taluk, Thiruvallur District.

3.Santhi 4.Raji 5.Krishnan 6.Radhammal 7.Rama moorthy 8.Kalaivani 9.Saravanan 10.Selvam 11.Ravi 12.Sudha 13.Arjunan 14.Rani 15.Panneer 16.Sivaji 17.Jamuna 18.E.K.Devan 19.Bakkiammal ... Respondents [ R3 to R19 was impleaded as per the order dated 21.11.2007 in MP.No.2 of 2007 in WP.No.5405 of 2007] Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to forbear the respondents herein from taking possession of the petitioners' land measuring an extent of 4.82 Acres comprised in Survey Nos.41/3N and 50/1 of Edur Village, Gummidipoondi Taluk, Tiruvellore District as surplus lands of Smt.Jeyalakshmi Ammal as the same had not been found to be declared as such either in

the notification published in supplement to Part-II, Section - I of the Tamil Nadu Government Gazette dated 29th August 1979 or in the modified notification published in supplement to PartII, Section - I of Tamil Nadu Government Gazette dated 28.03.2001.

For Petitioners :

Mr.V.Venkkatasamy For Respondents :

Mr.R.Ravikumar, for R1& R2 Additional Government Pleader.

:

Mr.N.R.AnanthaRamakrishnan, for R3 to R19.

ORDER

The petitioner has filed this writ petition to forbear the respondents herein from taking possession of the petitioners' land measuring an extent of 4.82 Acres comprised in Survey Nos.41/3N and 50/1 of Edur Village, Gummidipoondi Taluk, Tiruvellore District as surplus lands of Smt.Jeyalakshmi Ammal as the same had not been found to be declared as such either in the notification published in supplement to Part-II, Section - I of the Tamil Nadu Government Gazette dated 29th August 1979 or in the modified notification published in supplement to PartII, Section - I of Tamil Nadu Government Gazette dated 28.03.2001.

2. Today, when the matter is taken up for consideration, the learned Counsel for the petitioners seek permission of this Court to withdraw this writ petition and made an endorsement for withdrawal, with liberty to approach the Civil Court for their remedy and he sought time for six weeks to file suit in an appropriate Court.

3. In view of the endorsement made by the learned counsel for the petitioners, this Writ Petition is dismissed as withdrawn, with the said liberty to approach the Civil Court for their remedy and six weeks time is granted from the date of receipt of a copy of this order, to file suit in an appropriate Court. No costs.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar klt

To 1.Asst.Commissioner (Land Reforms), O/o. Asst.Commissioner of Land Reforms, Collectorate Complex, Villupuram.

2.The Thasildar, O/o. Taulk Office, Gummidipoondi Taluk, Thiruvallur District.

+ 1 cc to Mr. The Government Pleader Sr.50401 + 1 cc to Mr.Anantha Rama Krishnan, Advocate Sr.49712 W.P.No.5405 of 2007 SS(CO) EU(04/09/2018)