Sirajudeen v. The Additional Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU

1. Sirajudeen

2. Mohamed Rafi

3. Jakirhussain ... Petitioners -vs1. The Additional Collector (Development)/Project Director, District Rural Development Agency, Cuddalore District.

2. The Block Development Officer, Panchayat Union, Virudhachalam.

3. Malliga ... 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 herein to order the Third Respondent herein to hand over the possession of the Samathuvapuram house bearing No. 61 at Samathuvapuram, Pallipattu, Virdhachalam Taluk, Cuddalore District to the Petitioners herein. For Petitioners :

Mr. T.R.Sathiya Mohan For Respondents :

V.Ravi, Special Government Pleader (for R1) 1/4

Mr. P.Balathandayutham (for R2)

O R D E R

Heard Mr. T.R.Sathiya Mohan, Learned Counsel for the Petitioners, Mr. V.Ravi, Learned Special Government Pleader, who takes notice for the First Respondent, and Mr. P.Balathandayutham, Learned Counsel, who takes notice for the Second Respondent, and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition has been filed for directing the First Respondent to direct the Third Respondent to hand over the possession of the Samathuvapuram house bearing No. 61, Samathuvapuram, Pallipattu, Virdhachalam Taluk, Cuddalore District to the Petitioners. 3.

When it was pointed out that the third parties are in occupation of the property claiming right through the Petitioners, which cannot be effectively determined following summary procedure under Article 226 of the Constitution, Learned Counsel for the Petitioners seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioners to work out their remedies before the proper forum in the manner recognized by law, and he 2/4

has 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 In view of the same, the Writ Petition is dismissed as withdrawn with the aforesaid clarification. No costs.

16.02.2024 2/2 Index: Yes/No NCC: Yes/No Note: Issue order copy by 22.04.2024.

Maya To

1. The Additional Collector (Development)/Project Director, District Rural Development Agency, Cuddalore District.

2. The Block Development Officer, Panchayat Union, Virudhachalam.

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P.D. AUDIKESAVALU, J.

Maya 16.02.2024 2/2 4/4