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Madras High CourtWP/17127/2024withdrawn dismissed

B.N.Rengachari v. The District Collector

2024-07-02Honourable Mr Justice M. Sundar,Honourable Mrs Justice K. Govindarajan Thilakavadi4 pages

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

1. B.N.Rengachari

2. B.Varalakshmi

3. L.R.Sundaram

4. S.Lalitha ... Petitioners Vs.

1. The District Collector Collectorate Building Salem

2. The Tahsildar Salem

3. The Commissioner Salem Corporation Salem

4. Salem Muhamedpura Parimala Sunnath Jamath Masjid Committee 10, Masjid Street, Salem - 636 001 Rep. by its Muthavalli Mr.Moulana ... Respondents Page Nos.1/4

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents 1 to 3 from in any way interfering with the peaceful possession and enjoyment of the private road by the petitioners exclusively using it for the purpose of spreading the loom related works on the private road situated at Old No.S.F.No.512 and New Survey Settlement No.200/2 to an extent of 0.18 cents, S.F.No.200/4 to an extent of 1.78, S.F.No.200/5 to an extent of 0.05 cents and also T.S.No.130 to an extent of 0.22 total extent of 2.18 cents situated at Ammapettai South Panchayat, Salem Taluk and District for augmentation of their income and by considering the representation of the petitioner dated 23.05.2024 within the stipulated period. For Petitioner :

Mr.N.Umapathi For Respondent :

Mr.V.Prashanth Kiran in both WPs Govt. Advocate (Taxes)

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] When the matter was taken up Mr.N.Umapathi, learned counsel on record for writ petitioners sought leave of this Court to withdraw the captioned writ petition.

Page Nos.2/4

2. Learned counsel made an endorsement in the case file and a scanned reproduction of the same is as follows: In the light of the narrative thus far, captioned writ petition is disposed of as closed/withdrawn but we make it clear that all the rights and contentions of the writ petitioner and /or similarly placed persons qua the subject matter/cause of action are preserved for pursuing remedies in other fora or jurisdictional civil Courts, if so advised / if so desired. If such a course is adopted by the writ petitioners, we make it clear that other fora/ jurisdictional Civil Court shall consider the matter on its own merits and in accordance with law untrammeled by withdrawal of the captioned writ petition.

(M.S.,J.) (K.G.T.,J.) 02.07.2024 (2/2) gpa Page Nos.3/4

M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., gpa To

1. The District Collector Collectorate Building Salem

2. The Tahsildar Salem

3. The Commissioner Salem Corporation Salem 02.07.2024 (2/2) Page Nos.4/4