Sadanandha Mudialiar v. Ranipet District Collector Office

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 33078 of 2023 Sadanandha Mudaliar ... Petitioner -vs1. Ranipet District Collector Office, NH - 40, Ranipet Collector Office, Tamil Nadu, Ranipet - 632 401.

2. Superintendent of Police, Ranipet Range, Municipality Campus, Muthukadai, Ranipet - 632 401.

3. President/Executive Officer, Arulmigu Srinalleswarar Thirukovil, Panapakkam - 631 052.

4. Joint Commissioner, Tamil Nadu HR & CE Department, No. 2/6, Petchi Ammal Street, 4/20, Bharathi Nagar Extension, Bharathi Nagar, Ranipet - 632 401.

5. Senthamizhselvan

6. Loganathan 1/5

7. Narasimman

8. Mahendran (R5 to R8 are impleaded as per order dated 14.12.2023 in W.M.P. No. 34838 of 2023 in W.P. No. 33350 of 2023) ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent to dispose of the representation dated 06.10.2023. For Petitioner : Mr. M.Sriram For Respondents : Mr. S.J.Mohamed Sathik, Government Advocate (for R1 & R2) Mr. M.Aravindan (for R3) Mr. N.R.R.Arun Natarajan, Special Government Pleader (for R4) No appearance (for R5 to R8)

O R D E R

Heard Mr. M.Sriram, Learned Counsel for the Petitioner, Mr. S.J.Mohamed Sathik, Learned Government Advocate appearing for the First and Second Respondents, Mr. M.Aravindan, Learned Counsel for the Third Respondents and Mr. N.R.R.Arun Natarajan, Learned Special Government Pleader appearing for the Fourth Respondent and perused the 2/5

materials placed on record, apart from the pleadings of the parties. 2.

The grievance ventilated by the Petitioner is that he had made representation dated 06.10.2023 to the Respondents to restrain the third parties from interfering with the peaceful possession of the members of the Association of the Petitioner of the lands in Survey Nos. 67 and 68, Panapakkam Village, Nemeli Taluk, Ranipet District leased by the Temple of the Third Respondent, but as it did not evoke any response, it has necessitated the filing of this Writ Petition.

3.

In furtherance to the order dated 29.11.2023 passed by the Court, the First Respondent has filed memo dated 04.01.2024 stating that in the inspection conducted based on the representation dated 06.10.2023 made by the Petitioner, it has been found that there are totally 57 encroachments in the aforesaid lands and Form-I has been sent to the encroachers and its details have been forwarded to the First and Fourth Respondents. In view of the same, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner to work out his rights before proper forum in the manner recognized by law and he has made an endorsement to that effect in the court record.

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

14.02.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 22.04.2024.

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1. Ranipet District Collector Office, NH - 40, Ranipet Collector Office, Tamil Nadu, Ranipet - 632 401.

2. The Superintendent of Police, Ranipet Range, Municipality Campus, Muthukadai, Ranipet - 632 401.

3. The President/Executive Officer, Arulmigu Srinalleswarar Thirukovil, Panapakkam - 631 052.

4. The Joint Commissioner, Tamil Nadu HR & CE Department, No. 2/6, Petchi Ammal Street, 4/20, Bharathi Nagar Extension, Bharathi Nagar, Ranipet - 632 401.

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P.D. AUDIKESAVALU, J.

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