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Madras High CourtWP/21641/2015withdrawn dismissed

T.Pappammal v. The District Collector,

2015-07-21Honourable Mr Justice M. Venugopal,Honourable Mr Justice Satish K. Agnihotri6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21/7/2015 C O R A M THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. Nos.21641 to 21654 of 2015 and M.P. Nos.1 to 1 of 2015 1.T. Pappammal ...

Petitioner in WP.21641/2015 2.T.M.Lucia Mary ... Petitioner in WP.21642/2015 3.Amala Mary ... Petitioner in WP.21643/2015 4.T.Lilly Mary ... Petitioner in WP.21644/2015 5.T.Premala ... Petitioner in WP.21645/2015 6.Caroline Priya ... Petitioner in WP.21646/2015 7.T.Jaya Mary ... Petitioner in WP.21647/2015 8.E.Mitilda ... Petitioner in WP.21648/2015 9.A.Leema Rose ... Petitioner in WP.21649/2015 10.T.Lourthu Mary ... Petitioner in WP.21650/2015 11.Kannaikai Mary ... Petitioner in WP.21651/2015 12.A.Lourdhummal ... Petitioner in WP.21652/2015 13.E.A.Jessintha ... Petitioner in WP.21653/2015 14.T.Savariammal ... Petitioner in WP.21654/2015 Vs

1. The District Collector Kancheepuram District Kancheepuram.

2. The Tahsildar Maduranthakam Taluk Maduranthakam Kancheepuram District.

3. The Revenue Inspector Karunkuzhi Circle Mathuranthagam Taluk Office Mathuranthagam Kancheepuram District.

...

Respondents

WP.No.21641 of 2015:

Writ Petition filed under Article 226 of the Constitution of India seeking writ of mandamus to forbear the second and third respondents from in anyway interfering with the peaceful possession measuring an extent of 00160 Sq.m at Sagaya Nagar Village, 149 Budhur Panchayat, Mathuranthakam Taluk, Kancheepuram District, particularly by way of eviction, pending final decision of the statutory appeal by the petitioner before the first respondent dated 2/7/2015 under Section 10 (A) and 10 (B) of the Tamil Nadu Land Encroachment Act, 1905.

WP.No.21642/2015:For the reasons stated in the accompanying direction in the nature of a Writ forbearing the 2nd and 3rd measuring an extent of 00429 sq.mt. at Sagaya Nagar Village 149 Budhur Panchayat Maduranthakam Taluk WP.No.21643/2015:For the reasons stated in the accompanying measuring an extent of 00923 sq.mt. at Sagaya Nagar Village 149 WP.No.21644/2015:

For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order or direction in the nature of a Writ forbearing the 2nd and 3rd respondents from in any way interfering with the peaceful possession of the petitioner in respect of the land situated in S.No.478/1 measuring an extent of 01021 sq.mt. at Sagaya Nagar Village 149 Budhur Panchayat Maduranthakam Taluk Kancheepuram District particularly by way of Eviction pending final decision of the Statutory Appeal by the petitioner before the 1st respondent dated 2.7.2015 under Section 10(A) and 10(B) of the Tamil Nadu Land Encroachment Act 1905

WP.NO.21645 of 2015: For the reasons stated in the accompanying direction in the nature of a Writ forbearing the 2nd and 3rd measuring an extent of 01602 sq.mt. at Sagaya Nagar Village 149 WP.No.21646/2015:For the reasons stated in the accompanying direction in the nature of a Writ forbearing the 2nd and 3rd measuring an extent of 01307 sq.mt. at Sagaya Nagar Village 149 WP.No.21647/2015: For the reasons stated in the accompanying measuring an extent of 01377 sq.mt. at Sagaya Nagar Village 149 02.07.2015 under Section 10(A) and 10(B) of the Tamil Nadu Land WP.No.21648/2015:For the reasons stated in the accompanying measuring an extent of 00698 sq.mt. at Sagaya Nagar Village 149 02.07.2015 under Section 10(A) and 10(B) of the Tamil Nadu Land

WP.No.21649/2015:

For the reasons stated in the accompanying measuring an extent of 00864 sq.mt. at Sagaya Nagar Village 149 Budhur Panchayat Maduranthakam Taluk 02.07.2015 under Section 10(A) and 10(B) of the Tamil Nadu Land WP.No.21650/2015:

For the reasons stated in the accompanying measuring an extent of 01252 sq.mt. at Sagaya Nagar Village 149 02.07.2015 under Section 10(A) and 10(B) of the Tamil Nadu Land WP.No.21651/2015:

For the reasons stated in the accompanying measuring an extent of 00910 sq.mtr. at Sagaya Nagar Village 149 WP.No.21652/2015:

For the reasons stated in the accompanying measuring an extent of 00260 sq.mtr. at Sagaya Nagar Village 149

WP.No.21653/2015:For the reasons stated in the accompanying measuring an extent of 00180 sq.mtr. at Sagaya Nagar Village 149 WP.No.21654/2015:

For the reasons stated in the accompanying measuring an extent of 00340 sq.mtr. at Sagaya Nagar Village 149 For petitioner ...

Mr.K.Subramanian For respondents ...

Mr. P.S. Sivashanmugasundaram Special Government Pleader - - - - - C O M M O N O R D E R (Order of the Court was made SATISH K. AGNIHOTRI, J.) The learned counsel appearing for the petitioners seek permission to withdraw these writ petitions, on the ground, the petitions had become infructuous and also makes an endorsement to that effect as under:- "Since the first respondent had passed an order of rejection on 20/7/2015, the petitioners may be permitted to withdraw these writ petitions with liberty to challenge the order of the first respondent before the appropriate forum."

2. Accordingly, these writ petitions are dismissed as withdrawn, with liberty to take recourse to the appropriate forum, if so advised, under the provisions of law. No costs. Connected Miscellaneous Petitions are also dismissed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To

1. The District Collector Kancheepuram District Kancheepuram.

2. The Tahsildar Maduranthakam Taluk Maduranthakam Kancheepuram District.

3. The Revenue Inspector Karunkuzhi Circle Mathuranthagam Taluk Office Mathuranthagam Kancheepuram District.

+1 cc to Mr.K.Subramanian Advocate sr.30495 W.P. Nos.21641 to 21654 of 2015 aa06/08/2015