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Madras High CourtCMP(MD)/2136/2018withdrawn dismissed

G. Mookkammal v. S.Devadass,

2018-03-09Honourable Mr Justice M. Sathyanarayanan,Honourable Mrs Justice R. Hemalatha2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Ninth day of March Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice M.SATHYANARAYANAN and The Hon`ble Mrs.Justice R.HEMALATHA CMP(MD) No.2136 of 2018 IN WA(MD) No.SR8421 of 2018 and WP(MD)No.3445 of 2016 G. MOOKKAMMAL ... PETITIONER Vs 1 S.DEVADASS 2 THE DISTRICT COLLECTOR, MADURAI DISTRICT, MADURAI.

3 THE SPECIAL TAHSILDAR (LAND ACQUISITION) (ADW), UNIT NO.2, COLLECTORATE, MADURAI.

4 THE TAHSILDAR, MELUR TALUK, MADURAI DISTRICT.

5 C. NALLAMMAL ... RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant leave to the petitioner herein to file Writ Appeal challenging the order passed by this Honble Court in W.P.(MD).No.3445 of 2016 dated 03.11.2016 and thus render justice.

PRAYER IN W.A(MD).No.SR8421 of 2018: To set aside the order dated 03.11.2016 made in W.P.(MD)No.3445 of 2016 on the file of this Hon`ble Court.

Prayer in WP(MD). 3445/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 3rd respondent to enter the petitioners name in the patta for land in Survey No.238/2 measuring 90 cents in Kottampatti, Melur Taluk, Madurai District by considering the petitioners representation dated 22.09.2014 more particularly within a time frame as may be stipulated by this Honble Court. https://hcservices.ecourts.gov.in/hcservices/

ORDER:This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.V.RAJKUMAR, Advocate for the petitioner and of Mr.A.Sivaji for R1 and of Mr.A.K.Baskarapandian for R2 to R4 and of Mr.R.Govindarajan for R5 the court made the following order:- (Order of the Court was made by M.SATHYANARAYANAN,J) After some arguments, the learned counsel appearing for the petitioner, seeks the permission of this Court to withdraw this leave petition with liberty to file a leave petition insofar as the appellant in WA(MD)No.2153 of 2013 is concerned and he has also made an endorsement to that effect.

2. This Court heard the submissions of Mr.A.Sivaji, learned counsel appearing for the first respondent, Mr.A.K.Baskarapandian, learned Special Government Pleader appearing for the respondents 2 to 4 and Mr.R.Govindarajan, learned counsel appearing for R-5.

3. In the light of the endorsement made, this Civil Miscellaneous Petition is dismissed as withdrawn and consequently WA (MD)SR.No.8421 of 2018 is rejected. The liberty sought for by the petitioner is granted.

sd/- 09/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT COLLECTOR, MADURAI DISTRICT, MADURAI.

2 THE SPECIAL TAHSILDAR (LAND ACQUISITION) (ADW), UNIT NO.2, COLLECTORATE, MADURAI.

3 THE TAHSILDAR, MELUR TALUK, MADURAI DISTRICT.

+1. C.C. to M/S.A.SIVAJI, Advocate SR.No.54173.

ORDER

IN CMP(MD) No.2136 of 2018 IN WA(MD) No.SR8421 of 2018 and WP(MD)No.3445 of 2016 Date :09/03/2018 SDS/CM:VR/SAR.1/05.04.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/