M/S.Velatal Industries Private Limited, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. Nos. 30082, 32515, 32586 and 33623 of 2023 M/s. Velatal Industries Private Limited, Represented by its Managing Director, P.Selvaraj, 115, Tiruchengode Road, Pallipalayam, Erode - 638 006.

... Petitioner -vs1. The District Collector, Tiruppur District.

2. The Block Development Officer, Pongalur Panchayat Union, Pongalur, Palladam Taluk, Tiruppur - 641 667.

3. V.Vavipalayam Village Panchayat, Represented by its President, V.Vavipalayam Village, Pongalur Panchayat Union, Tiruppur District - 641 671.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the records on the file of the Third Respondent relating to the order dated 1/5

08.09.2023 directing the stoppage of work by the Petitioner in its lands comprised in S.F. Nos. 689, 690/1A2 of Vavipalayam Village, Palladam Taluk, Tiruppur District and to quash the same and consequently direct the Third Respondent to issue necessary permission by processing the application submitted by the Petitioner on 04.07.2023 pursuant to the technical clearance granted by the D.T.C.P. Dated 20.06.2023 in Proceedings No. B.P/TCP (TD) No: 48/2023.

For Petitioner :

Mrs. Nalini Chidambaram, Senior Counsel for Mr. T.Sai Krishnan For Respondents :

Mr. S.J.Mohamed Sathik, Government Advocate (for R1) Mr. V.Nanmaran (for R2) Mr. P.Nethaji (for R3)

O R D E R

Heard Mrs. Nalini Chidambaram, Learned Senior Counsel appearing for the Petitioner, Mr. S.J.Mohamed Sathik, Learned Government Advocate appearing for the First Respondent, Mr. V.Nanmaran, Learned Counsel for the Second Respondent and Mr. P.Nethaji, Learned Counsel for the Third Respondent and perused the materials placed on record, apart from the pleadings of the parties.

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2.

Learned Senior Counsel appearing for the Petitioner submits that in view of the subsequent Writ Petition in W.P. No. 318 of 2024 filed by the Petitioner, which is pending before this Court, challenging the subsequent proceedings dated 15.12.2023 issued by the Village Panchayat of the Third Respondent, she seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner to raise all his contentions in that Writ Petition. Learned Counsel for the Petitioner has also made an endorsement to that effect in the court record.

In view of the same, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. Consequently, the connected Miscellaneous Petitions are closed. No costs.

27.03.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 01.04.2024.

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To

1. The District Collector, Tiruppur District.

2. The Block Development Officer, Pongalur Panchayat Union, Pongalur, Palladam Taluk, Tiruppur - 641 667.

3. The President, V.Vavipalayam Village Panchayat, V.Vavipalayam Village, Pongalur Panchayat Union, Tiruppur District - 641 671.

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P.D. AUDIKESAVALU, J.

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