N.Sivashanmugham v. The Collector, Cuddalore

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31-01-2019

CORAM

THE HON'BLE DR.JUSTICE VINEET KOTHARI AND THE HON'BLE DR.JUSTICE ANITA SUMANTH W.P.No.23156 of 2018 N.Sivashanmugham ... Petitioner -vs1.The Collector, Cuddalore District, Cuddalore.

2.The Tahsildar, Bhuvanagiri Taluk, Cuddalore District.

3.The Executive Officer, Bhuvanagiri Town Panchayat, Bhuvanagiri Taluk, Cuddalore District.

4.Amirthakadesan 5.Panneerselvam 6.Anandan 7.Jagadeesan 8.Chellapandiyan ...

Respondents Petition under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, forbearing respondents 1 to 3 from in any manner interfering with the right of the people belonging to Sengundha Mudaliar Community to maintain the pond known as Iluppai Pond in S.No.236/1 in Hec.2.78.5 in Adivarahanatham Village, Mel Bhuvanagiri, Bhuvanagiri Taluk, Cuddalore District.

For petitioner : Mr.Md.Nazarullah, for Mr.R.Gururaj.

For respondents 1 & 2 : Mr.J.Pothiraj, Special Government Pleader.

For respondent 3 : Mr.M.Loganathan For respondent 4 : Mr.K.Premkumar

ORDER

[Order of the Court was made by Dr.Vineet Kothari,J.] Learned counsel for the petitioner wants to withdraw this Writ Petition, with liberty to file a Civil Suit before the appropriate forum, for the relief prayed in the Writ Petition.

2. The prayer made in this Writ Petition is quoted below :

"It is, therefore, prayed that this Hon'ble Court may be pleased to issue a Writ of Mandamus forbearing respondents 1 to 3 from in any manner interfering with the right of the people belonging to Sengundha Mudaliar Community to maintain the pond known as Iluppai Pond in S.No.236/1 in Hec.2.78.5 in Adivarahanatham Village, Mel Bhuvanagiri Taluk, Cuddalore District, and pass such further or other orders as are deemed fit and thus render justice."

3. Learned counsel for the petitioner has also made an endorsement in the petition as to the withdrawal.

4. Learned counsel for the opposite side have no objection.

5. Therefore, this Writ Petition is dismissed, as withdrawn, with liberty as aforementioned. No costs. Consequently, the connected W.M.P.No.27054 of 2018 also stands dismissed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar

dixit To 1.The Collector, Cuddalore District, Cuddalore.

2.The Tahsildar, Bhuvanagiri Taluk, Cuddalore District.

3.The Executive Officer, Bhuvanagiri Town Panchayat, Bhuvanagiri Taluk, Cuddalore District.

+1 cc to M/s.K.Premkumar, Advocate Sr.No.8285 +1 cc to Mr.R.Gururaj, Advocate Sr.No.8622 +1 cc to The Government Pleader, Sr.No.8775 W.P.No.23156 OF 2018 KJ(CO) CSL/26.02.2019