E.Selvaraj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 30700 of 2022 E.Selvaraj ... Petitioner -vs1. The District Collector, Salem District, Salem - 1.

2. The District Revenue Officer, Salem District, Salem - 1.

3. The Revenue Divisional Officer, Salem District, Salem - 1.

4. The Tahsildar, Omalur Taluk,

5. The Commissioner of Panchayat Union, Omalur District,

6. The Panchayat President, U.Maramangalam Panchayat, U.Maramangalam Village, Omalur Taluk, Salem District.

... Respondents 1/5

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Sixth Respondent forbearing from laying raod on the Petitioner's patta land in S.No.77/2C, Patta No. 56, New Sub Division S.No.77/2C1, Amani U.Maramangalam Village, Omalur Taluk, Salem District, meant for common passage as per partition deed dated 30.03.2016 registered as document no. 2335 of 2016 at SRO, Omalur, pending disposal of the main Writ Petition.

For Petitioner :

Mr. Pushpakaran For Respondents :

Mrs. N.Senthil Selvi, Government Advocate (for R1 to R4) Mr. P.Harish (for R5)

O R D E R

Heard Mr. Pushpakaran, Learned Counsel for the Petitioner and Mrs. N.Senthil Selvi, Learned Government Advocate, who takes notice for the First to Fourth Respondents and Mr. P.Harish, Learned Counsel, who takes notice for the Fifth Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

When it was pointed out by Learned Government Advocate appearing for the Respondents that the road had been laid in the land, which has been gifted 2/5

by the Petitioner by Document No. 2033/2000 dated 30.06.2000 along with certain others, Learned Counsel for the Petitioner, who disputes the same, seeks permission of the Court to withdraw the Writ Petition with liberty to approach the civil court and he has made endorsement to that effect in the Court record. In view of the same, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, the connected Miscellaneous Petition is closed. No costs.

24.11.2022 skr Index: Yes/No Note: Issue order copy by 08.12.2022.

To

1. The District Collector, Salem District, Salem - 1.

2. The District Revenue Officer, Salem District, Salem - 1.

3. The Revenue Divisional Officer, Salem District, Salem - 1.

4. The Tahsildar, Omalur Taluk, 3/5

5. The Commissioner of Panchayat Union, Omalur District,

6. The Panchayat President, U.Maramangalam Panchayat, U.Maramangalam Village, Omalur Taluk, Salem District.

4/5

P.D. AUDIKESAVALU, J.

skr 24.11.2022 5/5