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Madras High CourtWP/599/2024withdrawn dismissed

K.Palanisamy v. The District Collector

2024-01-23Honourable Mr Justice P.D.Audikesavalu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 594 of 2024 K.Palanisamy ... Petitioner -vs1. The District Collector, O/o. District Collectorate, Tiruppur District, Tiruppur.

2. The Block Development Officer, Office Block Development Office, Avinashi, Tiruppur District.

3. The Tahsildar, Avinashi Taluk, Tiruppur District.

4. The President, Alandur Panchayat, Alandur Village, Avinash Taluk, Tiruppur District.

5. Sundarraj

6. Sarojini

7. Palaniammal 1/6

8. Subramaniam

9. Chinnarasu

10. D.Anandan [R10 - Imleaded as per order dated 19.01.2024 in W.M.P. No. 1286 of 2024 in W.P. No. 599 of 2024 by PDAJ] ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, forbearing the Second and Fourth Respondents from laying the road in Petitioner property situated in Survey No. 192, Sangampalayam, Alandur Village, Avinashi Taluk, Tiruppur District. For Petitioner :

Mr. P.Tamilavel For Respondents :

Mr. B.Vijay, Additional Government Pleader (for R1 & R3) Mr. P. Ganesan (for R2 & R4) Mr. C.Prakasam (for R10)

O R D E R

Heard Mr. P.Tamilavel, Learned Counsel for the Petitioner and Mr. B.Vijay, Learned Additional Government Pleader appearing for the First and Third Respondents and Mr. P.Ganesan, Learned Counsel appearing for the Second and Fourth Respondents and Mr. C.Prakasam, Learned Counsel appearing for the Tenth Respondent and perused the materials placed on record, 2/6

apart from the pleadings of the parties.

2.

The Writ Petition has been filed to restrain the Second and Fourth Respondents from laying the road in the property of the Petitioner in Survey No. 192, Sangampalayam, Alandur Village, Avinashi Taluk, Tiruppur District. 3.

Learned Counsel for the Petitioner submits that in view of the enquiry notice dated 03.01.2024 issued by the First Respondent for enquiry into the matter, he seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner, if any adverse decision is taken, to work out his remedies before the proper forum in the manner recognized by law. In such circumstances, the Writ Petition is dismissed as withdrawn with the aforesaid clarification. Consequently, the connected Miscellaneous Petition is closed. No costs.

23.01.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 22.04.2024.

pal/Gsa 3/6

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To

1. The District Collector, O/o. District Collectorate, Tiruppur District, Tiruppur.

2. The Block Development Officer, Office Block Development Office, Avinashi, Tiruppur District.

3. The Tahsildar, Avinashi Taluk, Tiruppur District.

4. The President, Alandur Panchayat, Alandur Village, Avinash Taluk, Tiruppur District.

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P.D. AUDIKESAVALU, J.

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