R.Sivakumar v. The Assistant Commissioner (Land Reforms),

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 35073 of 2019 and W.M.P. No.35863 of 2019 R. Sivakumar ... Petitioner -vs1.The Assistant Commissioner (Land Reforms) Coimbatore - 18.

2.The District Collector, Tiruppur District, Tiruppur.

3.The Revenue Divisional Officer, Udumalpet Taluk, Tiruppur District.

4.The Tahsildar Madathukulam Taluk.

Tiruppur District.

5.The Zonal Deputy Tahsildar, Madathukulam Taluk.

Tiruppur District.

6.M.Kittan S/o. Maran Mathari, Vedapatti Village, Udumalpet Taluk, Tiruppur District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents 3 to 5 furnish the documents related to the Petitioner land situated at Survey No.120/4B to the extent of land 0.28 Hectare/0.69 Acres at Myvadi Village 1-2, Udumalpet Taluk, Tiruppur District in view of the Petitioner RTI application dated 22.08.2016 and 14.03.2017 within a limited time frame.

For Petitioner :

M/s.A.M.Esakkiappan For Respondents:

Mr.D. Sathyaraj (For R1 to R5) :

Mr.C. Venkatesan (For R6)

O R D E R

(through video conference) When it is pointed that the Petitioner could prefer appeal before the Appellate Authority under Section 19(1) of the Right to Information Act, 2005, (hereinafter referred to as 'the Act' for short) or file complaint under Section 18 of that Act before the State Information Commission, if he is aggrieved by the impugned orders, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to that procedure and has filed a memo dated 02.09.2020 to that effect through e-mail, which has been placed on record.

2.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. It is made clear that for the purpose of reckoning limitation for availing aforesaid remedy, the period from the date of filing of the Writ Petition, viz., 16.12.2019, till today, viz., 02.09.2020, shall be excluded. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar Maya To 1.The Assistant Commissioner (Land Reforms) Coimbatore - 18.

2.The District Collector, Tiruppur District, Tiruppur.

3.The Revenue Divisional Officer, Udumalpet Taluk, Tiruppur District.

4.The Tahsildar Madathukulam Taluk.

Tiruppur District.

5.The Zonal Deputy Tahsildar, Madathukulam Taluk.

Tiruppur District.

+1cc to Mr.C.Venkatesan, Advocate SR.28706 W.P. No. 35073 of 2019 EV(CO) CB(09/09/2020)