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Madras High CourtWP/19315/2017withdrawn dismissed

Mr.Ramasubramanian, v. The District Collector

2017-07-27Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.07.2017

CORAM

The Honourable MR. JUSTICE M.DURAISWAMY W.P.No.19315 of 2017 Ramasubramanian [ Petitioner ] Vs

1. The District Collector, Office of the District Collector, Nagapattinam District.

2. The Tahsildar, Office of the Tahsildar, Sirkali, Nagapattinam District.

3. The Joint Commissioner, Hindu Religious and Charitable Endowments, Mayiladuthurai, Nagapattinam District.

4. The Trustee, Sri Thadalan Perumal Thirukovil, Sirkali, Nagapattinam District.

[ Respondents] Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the entire records connected with the proceedings of the 2nd respondent in OM 6/2017 dated 16.02.2017 and quash the same, consequently, direct the 2nd respondent to grant patta to the petitioner for his property in Old Survey No.34/33, New Town Survey No.47 to an extent of 8 1/3 cent, situated in Ward C, Block No.10, No.4, South Mada Vilagam, Sri Thadalan Kovil Circle, Sirkali Town, Sirkali Taluk, Nagapattinam District, without insisting him to get "No Objection Certificate" from the 4th respondent temple within a time frame. For Petitioner : Mr.K.Thilageswaran For Respondents : Mr.Era Premnath, GA (R1&2) Mr.M.Maharaja, SGP (R3&4)

ORDER

Mr.Era Premnath, learned Government Advocate takes notice for the respondents 1 & 2 and Mr.M.Maharaja, learned Special Government Advocate takes notice for the respondents 3 and 4.

2. The learned counsel for the petitioner sought the permission of this Court to withdraw the writ petition, with liberty to file an appeal before the concerned jurisdictional Revenue Divisional Officer. The learned counsel has also made an endorsement to that effect.

3. In view of the same, the writ petition stands dismissed as withdrawn. It is open to the petitioner to challenge the impugned order passed by the 2nd respondent before the Revenue Divisional Officer, in accordance with law. If such an appeal is filed by the petitioner, the Revenue Divisional Officer, shall decide the same on merits and in accordance with law, after giving notice to all the interested parties, as expeditiously as possible, however, not later than four months from the date of presentation of the appeal. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rg To

1. The District Collector, Office of the District Collector, Nagapattinam District.

2. The Tahsildar, Office of the Tahsildar, Sirkali, Nagapattinam District.

3. The Joint Commissioner, Hindu Religious and Charitable Endowments, Mayiladuthurai, Nagapattinam District.

4. The Trustee, Sri Thadalan Perumal Thirukovil, Sirkali, Nagapattinam District.

Copy TO:

The Revenue Divisional Officer, Nagapattinam.

+1cc to the Government Pleader, S.R.No.54470 W.P.No.19315 of 2017 GP(CO) RS(18/08/2017)