Valliammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD)No.8944 of 2023 Valliammal ... Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Commissioner, Oddanchathiram Municipality, Oddanchathiram, Dindigul District.

3.The Block Development Officer, Oddanchathiram Block, Oddanchathiram, Dindigul District.

4.The Inspector of Police, Oddanchathiram Police Station, Oddanchathiram, Dindigul District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents from laying any public road in the petitioner's properties comprised in S.Nos. 1/4

442/1A, 442/1B, 442/2B5, 495/2A, 495/2B1, 495/3A, 495/4A, 495/4B1, 495/4B3 and 495/5A situated at Seethapatti Village, Oddnachathiram Taluk, Dindigul District without following due process of law. For Petitioner : Mr.S.Kishore Kumar For Respondents : Mr.N.Muthuvijayan Special Government Pleader

ORDER

When the matter was taken up for hearing, the learned counsel for the writ petitioner sought leave of this Court to withdraw this writ petition and he has also made an endorsement to that effect.

2.Recording the said endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn.

3. However, perusal of the facts shows that the petitioner had also filed O.S.No.40 of 2023 which is now pending before the District Munsif Court, Oddanchathiram.

4. A direction is given to the learned District Munsif, Oddanchathiram to apply the mind to the fact of that particular case and make every endeavour to 2/4

dispose of the same, particularly in the interlocutory application filed by the petitioner herein, since it is complained that owing to the delay in taking up the interlocutory application, the respondents have taken advantage of the delay. This direction is issued to the learned District Munsif, Oddanchathiram. No costs.

19.04.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No pnn To 1.The District Collector, Dindigul District, Dindigul. 2.The Commissioner, Oddanchathiram Municipality, Oddanchathiram, Dindigul District.

3.The Block Development Officer, Oddanchathiram Block, Oddanchathiram, Dindigul District.

4.The Inspector of Police, Oddanchathiram Police Station, Oddanchathiram, Dindigul District.

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C.V.KARTHIKEYAN, J.

pnn W.P(MD)No. 8944 of 2023 19.04.2023 4/4