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Madras High CourtWA/2263/2022withdrawn dismissed

B.Jayaraman v. The Additional Chief Secretary And Commissioner Of Land Administration

2024-02-19Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY B.Jayaraman ..

Appellant Vs.

1.The Additional Chief Secretary and Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.

2.The Principal Secretary/Commissioner of- Survey and Settlement, Survey House, Chepauk, Chennai-600 005.

3.The Settlement Officer (North) Chepauk, Chennai-600 005.

4.The Assistant Settlement Officer (North), Chepauk, Chennai-600 005.

5.The Tahsildar, Sriperumbudur, Kancheepuram District.

..

Respondents

Prayer : Appeal filed under Clause 15 of the Letters Patent against the order of the learned Single Judge dated 6.9.2022 passed in W.P.No.19757 of 2017.

For the Appellant : Mr.Tamilzhmani for Mr.K.Sai Sharavan Kumar For the Respondents : Mr.T.K.Saravanan Government Advocate

JUDGMENT

(Delivered by the Hon'ble Chief Justice) We have heard Mr.Tamizhmani, learned counsel Mr.K.Sai Sharvan Kumar, learned counsel for the appellant; and, Mr.T.K.Saravanan, learned Government Advocate for the respondents.

2. Learned counsel for the appellant submits that a wrong order was quoted by the first respondent in its order dated 22.12.2016, which was challenged. Government Order dated 3.1.1951 was quoted, however, the Government Order is dated 9.12.1950. In view of that, learned counsel for the appellant seeks leave to withdraw the writ

appeal as well as the writ petition with liberty to file a fresh writ petition. A memorandum has also been filed to that effect.

3. The appellant may withdraw the writ petition and the present appeal at his risk.

4. In view of the request made for withdrawal of the writ appeal and the writ petition, the present writ appeal and the writ petition, bearing W.P.No.19757 of 2017, are dismissed as withdrawn. There shall be no order as to costs. Consequently, C.M.P.No.17247 of 2022 is closed.

In case the appellant has a cause of action, the appellant is at liberty to agitate the same in accordance with law before the appropriate forum.

(S.V.G., CJ.) (D.B.C., J.) 19.02.2024 Index : Yes/No bbr

To 1.The Additional Chief Secretary and Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.

2.The Principal Secretary/Commissioner of- Survey and Settlement, Survey House, Chepauk, Chennai-600 005.

3.The Settlement Officer (North) Chepauk, Chennai-600 005.

4.The Assistant Settlement Officer (North), Chepauk, Chennai-600 005.

5.The Tahsildar, Sriperumbudur, Kancheepuram District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

bbr 19.02.2024