S.Boopathy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2024

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI S.Boopathy Son of Mr.Siddhan .. Petitioner Vs.

1. The District Collector Collectorate Dharmapuri District Dharmapuri - 636 705.

2. The District Revenue Officer Collectorate Dharmapuri District Dharmapuri - 636 705.

3. The Tahsildar Pennagaram Taluk Dharmapuri District.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the respondents to consider the representation date 19.02.2024 and consequently, direct the respondents to earmark the public pathway in Gramanatham Survey Nos.412/1 and 16 situate in Onnapppagoundanahllli Village, 1/4

Pennagaram, Dharmapuri District - 636 809 and remove the encroachment and for consequential orders.

For Petitioner :

Ms.S.Thankira *****

O R D E R

(Order of the Court was made by M.Sundar, J.) When the matter was taken up, it came to light that noticee No.2 (Mr.Prabakaran) vide letter dated 23.05.2024 has not been made a party to the captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity} though it is the pointed case of the petitioner that noticee No.2 has encroached upon land qua which request is being made for earmarking as public road.

2. Faced with the above situation, Ms.S.Thankira, learned counsel on record for writ petitioner sought leave of this Court to withdraw the captioned WP but made a plea to come up with another writ petition with same / similar prayer on the same cause of action, after adding the aforementioned noticee No.2 and all other necessary parties. Saying so, learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows: 2/4

3. In the light of the narrative thus far, captioned WP is disposed of as closed / withdrawn albeit preserving all rights of the writ petitioner in the aforesaid manner. There shall be no order as to costs. (M.S.J.) (K.G.T.J.) 02.07.2024 Index:Yes/No Speaking/Non-speaking mk To

1. The District Collector Collectorate Dharmapuri District Dharmapuri - 636 705.

2. The District Revenue Officer Collectorate Dharmapuri District Dharmapuri - 636 705.

3. The Tahsildar Pennagaram Taluk Dharmapuri District.

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M.SUNDAR.J., and K.GOVINDARAJAN THILAKAVADI, J., mk 02.07.2024 4/4