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Madras High CourtWP(MD)/9968/2023withdrawn dismissed

Manohar.R v. The District Collector

2023-04-26Honourable Mr Justice C.V. Karthikeyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN R.Manohar ... Petitioner Vs.

1.The District Collector Virudhunagar District, Virudhunagar.

2.The District Revenue Officer / Land Acquisition Officer, Collectorate Complex, Virudhunagar District, Virudhunagar.

3.The Southern Railway Rep. through its General Manager, Chennai.

4.M/s.Rail Vikas Nigam Ltd., Rep. by its Deputy General Manager, Mezzanine Floor, Thirumylai Railway Station Complex, Mylapore, Chennai - 600 004.

... Respondents 1/5

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents from deducting any amount either towards development charges or under any other head from the compensation amount to be determined for the land comprised in T.S.Nos.3/1, 3/2, 6, 7, 8, 18/1, 18/2 Part, 19/1 and 19/2 Sattur Municipal limit and pay the same to the petitioner with other statutory benefits.

For Petitioner : Mr.R.Aravindan For Respondents : Mr.N.Muthu Vijayan - for R1 & R2 Special Government Pleader

O R D E R

When the matter is taken up for hearing, the learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition and he has also made the following endorsement : "The petitioner may be permitted to withdraw the Writ Petition since the authorities assured the petitioner that no 2/5

amount will be deducted out of the compensation amount."

2. In view of the above submission and endorsement made, this Writ Petition is dismissed as withdrawn. However, it is seen that the writ petition has been filed and had been withdrawn only because of assurance given. Therefore, costs of Rs.5,000/- (Rupees Five Thousand only) is imposed on the petitioner to be paid to the credit of the High Court Legal Services Committee attached to the Madurai Bench of Madras High Court. Unless the cost is not paid, order copy should not be issued to the petitioner herein. The copy of the order also to be forwarded to the respondents, and if any representation is given by the petitioner, should first insist whether costs has been paid and thereafter, proceed further with examining any representation. 26.04.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No RM 3/5

To 1.The District Collector Virudhunagar District, Virudhunagar.

2.The District Revenue Officer / Land Acquisition Officer, Collectorate Complex, Virudhunagar District, Virudhunagar.

4/5

C.V.KARTHIKEYAN, J.

RM 26.04.2023 5/5