M/S.Ishvaryam & Co., v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2016

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P. No.24454 of 2013 and M.P.No.1 of 2013 and WMP No.12749 of 2016 M/s.Ishvaryam & Co., Rep.by its Managing Partner, P.Devaraj,S/o.G.Palanisamy, 30, Thirukumaran Nagar, Singanallur, Coimbatore.

... Petitioner vs.

1. The District Collector, Tiruppur District,Tiruppur.

2. The Panchayat President, Bommanallur Panchayat, Dharapuram Taluk,Tiruppur District.

3. The Panchayat President, Arikkaranvalasu Panchayat,

4. The Panchayat President, Edaikalpadi Panchayat, Dharapuram Taluk,Tiruppur District.

5. The Panchayat President, Komarapalayam Panchayat, Dharapuram Taluk,Tiruppur District.

6. The Panchayat President, Kilankundal Panchayat,

7. The Panchayat President, Kongur Panchayat, Dharapuram Taluk,Tiruppur District.

8. The Panchayat President, Manakadavu Panchayat,

9. The Panchayat President, Kalipalayam Panchayat,

10. The Panchayat President, Ponnivadi Panchayat,

11. The Panchayat President, Punjaithalaiyur Panchayat,

12. The Panchayat President, Senapatipalayam Panchayat,

13. The Panchayat President, Chinnamarudur Panchayat,

14. The Panchayat President, Erasinampalayam Panchayat,

15. The Panchayat President, Nallampalayam Panchayat,

16. Mr.Parameswaran S/o.Subbaiya Gounder, Kappuchipalayam, Nanjiyampalayam Village, (R16 impleaded as per order dated 19.12.2013 by VDPJ in M.P.No.2/13 in W.P.No.24454 of 2013) ... Respondents Petition filed under Article 226 of the Constitution of India for the issuance of a writ of mandamus, directing the 1st respondent to issue appropriate directions to the respondents 2 to 16 to desist from interfering with the petitioner's work of erecting and commissioning wind mills for which the petitioner has obtained NOC from TANGEDCO.

For Petitioner : Mr.R.Thiyagarajan, Senior Advocate, Assisted by Mr.V.G.Anbarasu For Respondents :

(R16) Mr.R.Ashokan (R10) Mr.G.Murugendran (R2, R4 to R11 and R13 and R14) Mr.R.Govindasamy, Spl.G.P

O R D E R

After some arguments, Mr.R.Thiagarajan, learned Senior counsel assisted by Mr.V.G.Anbarasu, learned counsel for the petitioner seeks permission of this Court to withdraw this writ petition with liberty to file fresh Writ Petition, not on the same cause of action but on a different cause of action. He has also made an endorsement in the writ petition to that effect.

2. Though the said submission was opposed by the learned counsel for the 10th respondent, who filed vacate stay petition, this Court in the light of the facts and circumstances, is inclined to grant the request made by the learned senior counsel appearing for the petitioner.

3. Accordingly, in the light of the endorsement made by the learned senior counsel appearing for the petitioner, this Writ Petition is dismissed as withdrawn, with liberty sought for by the petitioner. No costs. Consequently, interim order stands vacated and the Miscellaneous Petition is closed.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar arr To

1. The District Collector, Tiruppur District,Tiruppur.

2. The Panchayat President, Bommanallur Panchayat,Dharapuram Taluk,

3. The Panchayat President, Arikkaranvalasu Panchayat,Dharapuram Taluk,

4. The Panchayat President, Edaikalpadi Panchayat,Dharapuram Taluk,

5. The Panchayat President, Komarapalayam Panchayat,Dharapuram Taluk,

6. The Panchayat President, Kilankundal Panchayat,Dharapuram Taluk,

7. The Panchayat President, Kongur Panchayat,Dharapuram Taluk,

8. The Panchayat President, Manakadavu Panchayat,Dharapuram Taluk,

9. The Panchayat President, Kalipalayam Panchayat,Dharapuram Taluk,

10. The Panchayat President, Ponnivadi Panchayat,Dharapuram Taluk,

11. The Panchayat President, Punjaithalaiyur Panchayat,Dharapuram Taluk,

12. The Panchayat President, Senapatipalayam Panchayat,Dharapuram Taluk,

13. The Panchayat President, Chinnamarudur Panchayat,Dharapuram Taluk,

14. The Panchayat President, Erasinampalayam Panchayat,Dharapuram Taluk,

15. The Panchayat President, Nallampalayam Panchayat,Dharapuram Taluk,

16. Mr.Parameswaran S/o.Subbaiya Gounder, Kappuchipalayam, Nanjiyampalayam Village, 1 cc to Government Pleader, Sr. 30208 1 cc to MR.V.G. Anbarasu, Advocate, Sr.29884 1 cc to M/s.G. Murugendran, Advocate, Sr 30276 1 cc to Mr.R. Govindasamy, Advocate, sr. 30387 W.P. No.24454 of 2013 NR (CO) kk 14/6