Madras High CourtWA(MD)/1246/2016dismissed as withdrawal

Mrs.Ameena, v. Abdul Karim

2017-09-19Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 19.09.2017

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.A.(MD)No.1246 of 2016 and C.M.P.(MD)Nos.8473, 8474 of 2016 and C.M.P.(MD)No.8196 of 2017 Ameena ... Appellant / 4th Respondent Vs.

1. Abdul Karim ... 1st Respondent / Petitioner

2. The District Collector, Ramanathapuram District, Ramanathapuram.

3. The Commissioner, Keelakarai Municipality, Ramanathapuram District.

4. The Tahsildar, Ramanathapuram, Ramanathapuram District.

... Respondents 2 to 4/ Respondents 1 to 3 PRAYER: Writ Appeal is filed under Clause 15 of Letters Patent, against the order of the learned single Judge in W.P.(MD).No.20930 of 2014, dated 11.03.2016.

Prayer in WP(MD). 20930/ 2014 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the 2nd respondent to take appropriate action on the direction issued by the 3rd respondent by his proceedings in Na.ka.B9/22380/2014 dated 03.12.2014 within the time that may be stipulated by this Honourable Court.

For Appellant : Mr.S.Ramesh For R1 : Mr.A.Anandan For R3 : Mr.A.Kannan For R2 and R4 : Mr.M.Murugan Government Advocate

JUDGMENT

[Judgment of the Court was delivered by M.M.SUNDRESH, J.] After making submission, the learned counsel for the appellant seeks permission of this Court to withdraw this Writ Appeal with liberty to file a Review Petition.

2. Considering the said submission, we permit the appellant to withdraw the Writ Appeal with liberty to file a Review Petition before the learned single Judge. Accordingly, the Writ Appeal is dismissed.

3. Since the appellant has filed this Writ Appeal against the order of learned single Judge and considering the facts and circumstances of the case, especially the construction stated to have been put up, we grant four weeks from the date of receipt of a copy of this order to file a Review Petition. As and when the same is filed, the Registry will have to entertain the same without insisting for an application to condone the delay. No costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To

1. The District Collector, Ramanathapuram District, Ramanathapuram.

2. The Commissioner, Keelakarai Municipality, Ramanathapuram District.

3. The Tahsildar, Ramanathapuram, Ramanathapuram District.

4. The Assistant Registrar(Writs), Madurai Bench of Madras High Court, Madurai.

5. The Assistant Registrar(AE), Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO MR.V.Raghavachari, ADVOCATE IN SR No.79795 + 1 CC TO MR.A.Anandan, ADVOCATE IN SR No.79706 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No.79907 akv MK/JC/SAR-2/28.09.2017/3P/9C W.A.(MD).No.1246 of 2016 19.09.2017