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Madras High CourtWP/42424/2016withdrawn dismissed

Mr.C.N.Varadharajan, v. The District Collector

2016-12-02Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:02.12.2016

CORAM:

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P.No.42424 of 2016 & W.M.P.No.36305 of 2016 C.N.Varadharajan ..

Petitioner Vs.

1. The District Collector,

2. The Commissioner, Tiruppur Corporation, Tiruppur.

3. The Revenue Divisional Officer,

4. The Tahsildhar,

5. The Town Surveyor, ..

Respondents 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 of the fourth respondent herein proceedings Na.Ka.No.5480/2015/E1 dated 30.04.2015, to quash the same and consequently direct the first and third respondents to issue patta in favour of the petitioner comprised in S.F.No.75/1, measuring about 736 sq.ft. A Block, No.3 Ward No.4, No.2770 and New No.64, Old No.583, New No.5, Dharapuram Road, Tiruppur District.

For Petitioner : Mr.C.Yokesh For Respondents: Mr.A.Kumar Spl. Government Pleader

ORDER

This Writ Petition has been filed to quash the order of the fourth respondent vide proceedings in Na.Ka.No.5480/2015/E1 dated 30.04.2015, to quash the same and consequently direct the first and third respondents to issue patta in favour of the petitioner

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents.

3. Today, when the matter was taken up, the learned Special Government Pleader submitted that as against the order of the fourth respondent, he can only prefer an appeal and not a Writ Petition before this Court.

4. In view of the submissions of the learned Special Government Pleader, the learned counsel for the petitioner sought permission of this Court to withdraw this Writ Petition with liberty to file an appeal and also made an endorsement to that effect.

5. In view of the endorsement made by the learned counsel for the petitioner, this Writ Petition is dismissed as withdrawn with liberty to the petitioner to file an appeal before the appropriate authority. Consequently, the connected miscellaneous petition is closed.

Sd/ Assistant Registrar /True copy/ Sub Assistant Registrar To

1. The District Collector,

2. The Commissioner, Tiruppur Corporation, Tiruppur.

3. The Revenue Divisional Officer,

4. The Tahsildhar,

5. The Town Surveyor, +1cc to Mr.Cyloesh, Advocate SR.No.71606 +1cc to Government Pleader SR.No.716701 W.P.No.42424 of 2016 SDR 30.12.2016