K.P.Subramaniyam v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 14389 of 2022 K.P.Subramaniyam ... Petitioner -vs1. The Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.

2. The Commissioner of Land Administration, Chepauk, Chennai - 600 005.

3. The Commissioner, Hindu Religious and Charitable Endowment Department, No. 119, Nungambakkam High Road, Chennai - 600 034.

4. The District Collector,

5. The Tahsildar,

6. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, 1/5

7. The Executive Officer, Arulmigu Nageswar Swamy Thirukoil Sarkar, Nattamangalam,

8. S.Mayilvaganan

9. The Inspector of Police, Puduchatram Police Station, Namakkal District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, forbearing the Sixth Respondent from interfering with the civil dispute with regard to the cart track situated in Survey No. 273 measuring with an extent of 3 meter breadth and 253.2 meter length (19 cents) at Sarkar Nattamangalam Village, Namakkal Taluk in view of the pendency of civil suit in O.S. No. 295/2017 pending on the file of the Learned Principal District Munsif Court, Namakkal. For Petitioner :

Mr. G.Vinoth For Respondents :

Mr. M.Shahjahan, Special Government Pleader (for R1, R2, R4 & R5) Mr. K.Karthikeyan, Government Advocate (for R3 & R6) Mr. S.Sithirai Anadam (for R7) Mr. Gowthaman for Mr. T.Dharani (for R8) Mr. L.S.M.Hasan Fizal, Additional Government Pleader (for R9) 2/5

O R D E R

Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner to work out his remedies for the claims made in the Writ Petition by filing appropriate applications in the pending suit in O.S. No. 295 of 2017 on the file of the Principal District Munsif Court, Namakkal and he has made an endorsement to that effect in the court record.

In fine, the Writ Petition is dismissed as withdrawn with the aforesaid clarification. Consequently, the connected Miscellaneous Petition is closed. No costs.

12.10.2022 vjt Index: Yes/No Note: Issue order copy by 20.12.2022.

To

1. The Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.

2. The Commissioner of Land Administration, Chepauk, Chennai - 600 005.

3/5

3. The Commissioner, Hindu Religious and Charitable Endowment Department, No. 119, Nungambakkam High Road, Chennai - 600 034.

4. The District Collector,

5. The Tahsildar,

6. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department,

7. The Executive Officer, Arulmigu Nageswar Swamy Thirukoil Sarkar, Nattamangalam,

8. The Inspector of Police, Puduchatram Police Station, Namakkal District.

4/5

P.D. AUDIKESAVALU, J.

vjt 12.10.2022 5/5