Dr.P.G.V.Matricultation Higher Secondary School v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 05.01.2021

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN WP.No.19730/2020 and W.M.P.Nos.24376 & 24380/2020 Dr.P.G.V.Matriculation Higher Secondary School, rep.by its Correspondent Dr.v.Muthulakshmi, Varappalayam, Chinnthadagam Post, Coimbatore 641 108.

.. Petitioner

Versus

1.The Revenue Divisional Officer, Goundampalayam Coimbatore 641 030.

2.The Tahsildar, Coimbatore North, Coimbatore 641 018.

3.The Revenue Inspector, Thudiyalurm Coimbatore 641 034.

4.The Village Administrative Officer, No.9, Nanjundapuram Panchayat, Chinnathadagam Post, Coimbatore 641 108.

5.The District Collector, Coimbatore District No.7/1, State Bank Road, Gopalapuram, Coimbatore 641 018.

.. Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus to call for the records comprising the procedural order dated 30.09.2020, passed by the Tahsildar of Coimbatore North Zone, ie., the 2nd respondent herein and bearing Na.Ka.No.3189/2020/A5, and to quash the same and to direct the 1st, 2nd, and 5th respondent to consider and pass appropriate orders in the proposal submitted by the petitioner School, vide representation dated 05.09.2020 to allow the existence of the compound wall and to undertake construction of a kuttai in the better suited alternate land offered by the petitioner at S.F.Nos.377/2A, 377/2B, 374/2, 374/3, 376/1A, 376/1B in

Varapalayam Village, No.9, Nanjundapuram Panchayat, Coimbatore North Coimbatore 641 108.

For Petitioner :

Mr.P.Sathish Parasaran Senior Counsel assisted by Mr.R.Parthasarathy For RR 1 to 5 :

Mr.R.Vijayakumar Additional Government Pleader

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J. through video conferencing] Heard the submission of Mr.P.Sathish Parasaran, learned Senior counsel assisted by Mr.R.Parthasarathy, learned counsel appearing for the petitioner and upon instructions from the counsel on record appearing for the petitioner, permission is sought to withdraw this Writ Petition, with a liberty to avail an alternate remedy under Section 10 read with Section 10B of the Tamil Nadu Encroachment Act, 1905 and the counsel on record also undertakes to send necessary endorsement to that effect, through e-mail to the Registry of this Court.

2. In the light of the same, the Writ Petition is dismissed as withdrawn and the liberty sought for by the petitioner is granted. No costs. Consequently connected miscellaneous petitions are closed.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar sk To 1.The Revenue Divisional Officer, Goundampalayam Coimbatore 641 030.

2.The Tahsildar, Coimbatore North, Coimbatore 641 018.

3.The Revenue Inspector, Thudiyalurm Coimbatore 641 034.

4.The Village Administrative Officer, No.9, Nanjundapuram Panchayat, Chinnathadagam Post, Coimbatore 641 108.

5.The District Collector, Coimbatore District No.7/1, State Bank Road, Gopalapuram, Coimbatore 641 018.

+1 cc to the Special Government Pleader sr774 WP.No.19730/2020 rp(co) aa03/02/2021