S.Ilaiyaraja v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR S.Ilaiyaraja S/o.P.K.Singaravel ... Petitioner Vs.
1.
The District Collector Office of the District Collector Salem.
2.
The District Revenue Officer The District Collectorate Salem.
3.
The Tahsildar Salem West Salem.
4.
The Assistant Director (Panchayats) The District Collectorate Salem.
5.
The Block Development Officer Veerapandi Salem District.
Page Nos.1/6
6.
Mr.N.Ranganathan S/o.Late Nallappa 7.
Mr.N.Sathiyamoorthy S/o.Natarajan ... Respondents Prayer :
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 to 3 to classify the subject stream running in S.No.87/4 and Odai Poramboke and allot separate sub division by measuring the same by considering the petitioner's representation dated 29.04.2024 within a time frame. For Petitioner :
Mr.S.Sriram for Mr.J.Hariharan M/s.KV Law Firm
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] When the captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity} was taken up, Mr.Sriram, learned counsel representing counsel on record Mr.J.Hariharan of M/s.KV Law Firm sought leave of this Court to withdraw the captioned 'Writ Petition' {'WP'} but made a plea to preserve all Page Nos.2/6
rights and contentions of writ petitioner to pursue a suit viz., O.S.No.183 of 2022 on the file of the Principal District Munsif Court, Salem which has been filed by writ petitioner's father inter alia against R6 [N.Ranganathan], R7 [N.Sathiyamoorthy] and others, saying so, learned counsel has made an endorsement in the case file and a scanned reproduction of endorsement is as follows:
2. Captioned WP disposed of as withdrawn / closed albeit with preservation of rights qua suit being O.S.No.183 of 2022 on the file of the Principal District Munsif Court, Salem. Though obvious, for the sake of specificity, we make it clear that all rights and contentions of defendants in the suit are also preserved.
Page Nos.3/6
3. Learned Principal District Munsif, Salem shall continue with the suit (next listing date is 09.01.2025) untrammeled by this withdrawal. In other words as regards the suit, Civil Court shall proceed on its own merits and in accordance with law. We find that there is no whisper about the suit in the support affidavit qua captioned WP. However, considering the nature of submissions made, we refrain from imposing costs in this case. (M.S.,J.) (K.R.S.,J.) 09.12.2024 Index : Yes / No Speaking order / Non-speaking order mk Page Nos.4/6
To 1.
The District Collector Office of the District Collector Salem.
2.
The District Revenue Officer The District Collectorate Salem.
3.
The Tahsildar Salem West Salem.
4.
The Assistant Director (Panchayats) The District Collectorate Salem.
5.
The Block Development Officer Veerapandi Salem District.
Page Nos.5/6
M.SUNDAR, J., and K.RAJASEKAR, J., mk 09.12.2024 Page Nos.6/6