Madras High CourtWP(MD)/8691/2019dismissed as withdrawal

Baluchamy, v. The District Collector,

2019-04-11Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.04.2019

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.P.(MD).No.8691 of 2019 Baluchamy ... Petitioner Vs.

1. The District Collector, Dindigul District, Dindigul.

2. The District Revenue Officer, Palani Taluk, Dindigul District.

3. Land Acquisition Officer cum Revenue Divisional Officer, Palani Taluk, Dindigul District.

4. The Thasildar, Vedasandur Taluk, Vedasandur, Dindigul District.

5. The Block Development Officer, Vedasandur Panchayat Union, Vedasandur, Dindigul District.

6. The Divisional Engineer, Highways Department, Palani, Dindigul District.

... Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 5 herein to remove the encroachments made by the villagers comprising in Survey Nos.393/1A, 395/1, 396/1A and 397/1A2 at Kanapadi Village, Vedasanthur Taluk, Dindigul District within the stipulated time.

For Petitioner : Mr.L.Prabhu For Respondents : Mr.Ayiram K.Selvakumar Additional Government Pleader

O R D E R

(Order of the Court was made by K.KALYANASUNDARAM,J.) Mr.Ayiram K.Selvakumar, learned Additional Government Pleader appearing for the respondents would submit that as per Section 24(2) of Act 1 of 2013, if the physical possession of the land has not been taken away, the proceedings will be deemed to have been lapsed. It is further stated that necessary parties are not impleaded in this writ petition.

2. At this juncture, the learned counsel for the petitioner seeks permission of this Court to withdraw this writ petition with liberty to file a fresh writ petition impleading all the necessary parties. Hence, the writ petition is dismissed as withdrawn with liberty. No costs.

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