R.Chithra, President v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2018

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P No.27702 of 2012 and M.P.No.1 of 2012 R.Chithra ..Petitioner Vs 1.The District Collector, 2.The Tahsildar, Edapadi Taluk Office, 3.Block Development Officer, Village Panchayat, Panchayat Union Edapadi, 4.Nanjappa Gounder 5.Ramar 6.Madhes .. Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents 1 & 3 herein to consider and implement the petitioner's Village Panchayat Resolution No.59/2012, dated 30.5.2012 for formation of the road in the Village Panchayat, Edapadi Taluk, Salem District.

(Prayer amended as per order of this Court dated 11.12.2012 in M.P.No.2 of 2012 in W.P.No.27702 of 2012) For Petitioner : Mr.S.Gajendran For Respondents : Mr.B.Anand Government Advocate, for R1 & R2 Mr.A.S.Thambuswamy, for R3 Mr.R.Marudhachalamurthy, for R4 to R6

O R D E R

The petitioner has come forward with the present writ petition seeking a direction to the respondents 1 and 2 to form a road in the Village Panchayat, Edapadi Taluk, Salem District, as per the Resolution No.59/2012, dated 30.5.2012.

2. Heard Mr.S.Gajendran learned counsel for the petitioner, Mr.B.Anand, learned Government Advocate appearing for the respondents 1 and 2, Mr.A.S.Thambuswamy, learned Standing Counsel appearing for the third respondent and Mr.R.Marudhachalamurthy, learned counsel appearing for the respondents 4 to 6.

3. The learned Government Advocate appearing for the respondents 1 and 2 and the learned Standing Counsel appearing for the third respondent submitted that the private respondents have instituted a Suit in O.S.Nos.183 of 2003, 205 of 2008 and 176 of 2008, before the District Munsif Court, Sankagiri and the same was posted for trial.

4. The learned counsel for the petitioner submitted that the petitioner is ready to withdraw the petition and file a fresh writ petition after disposal of the suits, if it is warranted.

5. In the light of the above submissions, this writ petition is closed, with liberty. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar ms To 1.The District Collector,

2.The Tahsildar, Edapadi Taluk Office, 3.The Block Development Officer, Village Panchayat, Panchayat Union Edapadi, +1cc to Mr.MARUDHACHALAMURTHY, Advocate, S.R.No. 25590 +1cc to the Government Pleader, S.R.No. 25922 W.P No.27702 of 2012 and M.P.No.1 of 2012 NRL(CO) TR(19/04/2018)