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Madras High CourtWP/35826/2024withdrawn dismissed

G.Kumar v. The District Collector

2024-12-05Honourable Mr Justice M. Sundar,Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2024 Coram THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR & W.M.P Nos.38686 and 38692 of 2024 in Mr.G.Kumar S/o.P.V.Gangatharan .. Petitioner vs

1. The District Collector O/o.the District Collectorate Chennai

2. The Revenue Divisional Officer O/o. The Revenue Divisional Office

3. The Tahsildar Taluk Office

4. The Survey Officer O/o.The Surveyor Office Guindy Taluk, Chennai District

5. The Inspector of Police J4, Kotturpuram Police Station Duraisamy Nagar, Kotturpuram, Chennai Tamil Nadu - 600 085

6. The Muslim Welfare Association Rep. By its Secretary No.45, Thiruvalluvar Nagar, 1 st Street Kottur, Chennai - 600 085 .. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus to call for the records pertaining to the impugned order in Na.Ka.No.A1/471/2024 dated 30.07.2024 passed by the third respondent and quash the same as illegal and consequently direct the 6 th respondent to not to interfere with the peaceful possession of petitioner property located at New Door No.13, S.No.49/2, T.S.No.12 and Block No.18, Kottur, Ellaiammankovil Street, Guindy Taluk, Chennai - 600 085.

For Petitioner :

Mr.R.Prabhakaran

O R D E R

(Order of the Court was made by M.SUNDAR, J.) When the matter was taken up, after some arguments, Mr.R.Prabhakaran, learned counsel on record for writ petitioner sought leave of this Court to withdraw the captioned writ petition but learned counsel made a plea that all the rights and contentions of the writ petitioner may please be preserved when the parties to go to Civil Court. Saying so, learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows:

2. Request of learned counsel to withdraw and request to preserve the rights of the parties to go to civil Court also acceded to.

3. Ergo, the sequitur is, captioned writ petition and writ miscellaneous petitions are disposed of as closed/withdrawn albeit preserving all the rights and contentions of the writ petitioner as well as the adversaries, State and all parties concerned when the matter goes to civil Court. Considering the nature of the submissions made and the stand taken by learned counsel for writ petitioner we refrain from imposing costs.

[M.S., J] [K.R.S., J] 05.12.2024 gpa (1⁄2)

To

1. The District Collector O/o.the District Collectorate Chennai

2. The Revenue Divisional Officer O/o. The Revenue Divisional Office

3. The Tahsildar Taluk Office

4. The Survey Officer O/o.The Surveyor Office Guindy Taluk, Chennai District

5. The Inspector of Police J4, Kotturpuram Police Station Duraisamy Nagar, Kotturpuram, Chennai Tamil Nadu - 600 085

6. The Muslim Welfare Association Rep. By its Secretary No.45, Thiruvalluvar Nagar, 1 st Street Kottur, Chennai - 600 085

M.SUNDAR,J., and K.RAJASEKAR, J., gpa 05.12.2024 (1⁄2)