Madras High CourtWP/16075/2020withdrawn dismissed

Pr.Veerappan v. Nagavalli

2021-02-16Honourable Mr Justice N. Seshasayee2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2021

CORAM

THE HONOURABLE MR. JUSTICE N.SESHASAYEE W.P.No.16075 of 2021 WMP Nos.23419, 20027 of 2020, WMP No.1071 of 2021 PR.Veerappan .. Petitioner Vs.

1.Nagavalli 2.The District Revenue Officer, Chennai District, Collector Office Buildings, Rajaji Road, Chennai-600 001 3.The Tahsildar, Egmore-Nungambakkam Taluk, Spurtank Road, Chennai-600 031.

4.R.M.Meyyammal ..

Respondents Petition filed under Article 226 of The Constitution of India praying for issuance of a Writ of Mandamus, calling for the records of the 2nd respondent in his proceedings bearing Sa.Moo.Aa No.J5/21432/2018 dated 21.10.2020, quash the same and consequently restore the patta issued in petitioner's favour in C.A.No.1053/2002 dated 12.09.2002 by the third respondent. For Petitioner .. Mr.PL.Narayanan For Respondents.. Mr.N.L.Rajesh, SC for Mr.P.V.Balasubramanian for R1 Mr.S.N.Parthasarathi, GA for RR2, 3

ORDER

Heard, Mr.P.L.Narayanan, learned counsel for the petitioner and Mr.N.L.Rajesh, learned Senior Counsel assisted by Mr.P.V.Balasubramanian, learned counsel for the first respondent https://hcservices.ecourts.gov.in/hcservices/

and Mr.S.N.Parthasarathi, learned Government Advocate appearing for the respondents 2 & 3.

2. The affidavit contains bare minimum facts and leaves this Court aghast with all material particulars. The volumes and the typed set of papers are filed and though it could be referred to for convincing, yet the entire case cannot be considered based on the typed set of papers and this Court is left perplexed as how to make out the cause of action just by way of Writ affidavit filed in support of the petition.

3. At this juncture, Mr.PL.Narayanan, learned counsel for the petitioner submitted that he may be permitted to withdraw this petition with liberty to file a fresh petition with all material particulars well stated in his affidavit.

4.Leave granted.

5.This Writ Petition is dismissed as withdrawn, however, with leave to the petitioner to prefer a fresh petition on the same cause of action supported by the better affidavit. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dn To 1.The District Revenue Officer, Chennai District, Collector Office Buildings, Rajaji Road, Chennai-600 001 2.The Tahsildar, Egmore-Nungambakkam Taluk, Spurtank Road,Chennai-600 031.

+1 cc to M/s.B.F.S.Legal Advocate,Advocate Sr.No. 9738 +1 cc to The Government Pleader Sr.No. 9193 W.P.No.16075 of 2020 AAB(CO) RMP(17/03/2021) https://hcservices.ecourts.gov.in/hcservices/