N.Thimmarayan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 26.06.2019

CORAM:

THE HON'BLE MR. JUSTICE P.D.AUDIKESAVALU W.P. No. 15658 of 2019 Mr.N.Thimmarayan ... Petitioner Vs.

1.The District Collector, O/o.District Collector, Krishnagiri District.

2.The Revenue Divisional Officer, Revenue Division Office, Hosur Division, Krishnagiri District.

3.The Tahsildar, Soolagiri Taluk, Krishnagiri District.

... Respondents Prayer:- Writ petition filed under Article 226 of Constitution of India, seeking for a Writ of Mandamus, directing Respondents herein to permit the Petitioner to cultivate the land to the extent of 1.82 Acres out of 5.82 Acres of land situated in Survey No.199/2 of Samanapalli Village based on his representation dated 13.09.2018.

For Petitioner : Mr. S. Kumara Devan For Respondents: Mr. M. Karthikeyan Additional Government Pleader

O R D E R

Learned Additional Government Pleader appearing for the Respondents, on instructions, submits that the Petitioner had earlier filed a Writ Petition in W.P. No. 2699 of 2019 seeking the same relief, which is now sought and in pursuance of the order dated 07.02.2018 passed therein, the representation dated 13.09.2018 was rejected holding inter alia that in view of the G.O. Ms. No. 1168, Revenue Department dated 25.07.1989 and G.O. Ms. No. 116 dated 20.01.1988, issuance of patta in respect of land classified as mayanam or graveyard has been forbidden. When the Petitioner thereafter filed an https://hcservices.ecourts.gov.in/hcservices/

appeal against the said order before the Second Respondent and sought a direction to dispose the said appeal in another Writ Petition in W.P. No. 13639 of 2018, this Court by order dated 08.06.2018, refused to entertain the Writ Petition holding that the claim of the Petitioner for cultivation in a graveyard could not be granted. The grant of the same relief by re-agitating the rejected claim is strongly opposed.

2.

In view of the same, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition and he has made an endorsement to that effect, which is recorded. 3.

Accordingly, the Writ Petition is dismissed as withdrawn. No costs.

s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar maya To 1.The District Collector, O/o.District Collector, Krishnagiri District.

2.The Revenue Divisional Officer, Revenue Division Office, Hosur Division, Krishnagiri District.

3.The Tahsildar, Soolagiri Taluk, Krishnagiri District.

+1 CC to Mr.S. Kumaradevan, Advocate sr 53375. W.P. No. 15658 of 2019 SP(16/08/2019) https://hcservices.ecourts.gov.in/hcservices/