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Madras High CourtWP/14006/2019dismissed as withdrawal

N.Senthilkumar v. The District Collector

2019-08-06Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2019

CORAM

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.14006 of 2019 Dr.N.Senthilkumar .. Petitioner Vs 1 The District Collector Room No.101, First Floor Collectorate Salem District Tamil Nadu - 636 001.

2 The Commissioner Municipal Office Ranipet Main Road Attur Taluk Salem District - 636 102.

3 The Tahsildar Ranipet Main Road Pungavadiputhur Attur Taluk Salem District Tamil Nadu - 636 102.

4 The Town Village Administrative Officer Attur Taluk, Salem District Tamil Nadu - 636 102.

5 Dr.N.Puspha 6 Navaneethakrishnan@ Dr.S.N.Krishnan .. Respondents PRAYER:

Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing respondents 5 and 6 from further construction and directing respondents 1 to 4 to consider the representation dated 09.04.2019 and thereby direct the 2nd respondent to remove all encroachments

made in S.No.505/7, 0.56 acre, resurvey No.505/7A, Old Ward No.12, New Ward No.19, Present Ward No.21, Kamarajanar Road and in accordance with law within a stipulated time. For Petitioner : Ms.S.Surya Devi For Respondents : Mr.S.Kamalesh Kannan Government Advocate for respondents 1 to 4 No appearance for respondents 5 and 6

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard Ms.S.Surya Devi, learned counsel for the petitioner and Mr.S.Kamalesh Kannan, learned Government Advocate for respondents 1 to 4.

2. The case of the petitioner is that respondents 5 and 6 have put up construction on the petitioner's property. Hence, the petitioner has prayed that directions be issued to respondents 1 to 4 to remove the encroachments put up by respondents 5 and 6 in S.No.505/7, 0.56 acre, resurvey No.505/7A, Old Ward No.12, New Ward No.19, Present Ward No.21, Kamarajanar Road.

3. The learned counsel for the petitioner seeks leave to withdraw this petition with liberty to file a civil suit against respondents 5 and 6. She has also made an endorsement to that effect.

In view of the above, the writ petition is dismissed as withdrawn with liberty as prayed for. No costs. Consequently, W.M.P.No.14060 of 2019 is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar sasi

To:

1 The District Collector Room No.101, First Floor Collectorate Salem District Tamil Nadu - 636 001.

2 The Commissioner Municipal Office Ranipet Main Road Attur Taluk Salem District - 636 102.

3 The Tahsildar Ranipet Main Road Pungavadiputhur Attur Taluk Salem District Tamil Nadu - 636 102.

4 The Town Village Administrative Officer Attur Taluk, Salem District Tamil Nadu - 636 102.

+1cc to Government Pleader, in sr.no.68054 W.P.No.14006 of 2019 RSI(CO) CS/10/09/2019