Madras High CourtWP/30951/2018dismissed as withdrawal

M.Balasubramani v. The Govt Of Tamil Nadu

2019-03-26Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2019 CORAM :

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.NO.30951 OF 2018 M.Balasubramani .. Petitioner -vs1. The Government of Tamilnadu, rep. by its Secretary, Public Works Department, Fort St. George, Chennai - 600 009.

2. The Superintending Engineer, Public Works Department, Water Resources Organization, Upper Cauvery Basin Scheme, Salem - 7.

3. The District Collector, Namakkal District, Namakkal.

4. The District Revenue Officer, Tiruchengode, Namakkal District.

5. The Tahsildar, Tiruchengode, Namakkal District.

6. The Executive Engineer, (Operation and Maintenance) Mettur Electricity Distribution Circle, Tiruchengode, Namakkal District.

7. Kuppirikkapalayam Small Farmers Lift Irrigation Society, rep. by its President, 2/272, Molasi - 637 210, Tiruchengode Taluk, Namakkal District.

8. Rakkiyavalasu Small Farmers Lift Irrigation Society, rep. by its President, 2/274, Molasi - 637 210, Tiruchengode Taluk, Namakkal District.

9. Devampalayam Small Farmers Lift Irrigation Society, rep. by its President, 2/59-B, Padugaikadu Thottam, Molasi - 637 210, Tiruchengode Taluk, Namakkal District.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 6 to remove the offending constructions and encroachments made in S.F.No.346 of the River Cauvery and S.F.No.292 of Kodi Vaikkal, Molasi Village, Tiruchengode Taluk compliance with the Circular No.T1/23155/2005 dated 19.07.2005 issued in line with the judgment in L.Krishnan case [2005 (4) CTC 1 (DB)] by considering the petitioner's representation dated 25.06.2018.

For Petitioner : Mr.N.Manokaran For Respondents : Mr.V.Jayaprakash Narayanan Government Pleader (i/c) respondent Nos.1 to 5 Mr.S.K.Rameshwar for respondent No.6 Mr.E.P.Senniyangiri for respondent Nos.7 to 9

ORDER

The learned counsel for the petitioner seeks leave of this Court to withdraw the writ petition with liberty to challenge G.O.(Ms) No.62, Public Works (No.1) Department, dated 18.02.2010. The learned counsel has also made an endorsement to the said effect.

2. In view of the above, the writ petition is allowed to be withdrawn as prayed for.

3. The writ petition is, accordingly, dismissed as withdrawn. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar bbr To

1. The Secretary, Public Works Department, Fort St. George, Chennai - 600 009.