K.Kathiresan, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2018
CORAM:
THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.22151 of 2018 and W.M.P.(MD)Nos.20088 to 20090 of 2018 K.Kathiresan ... Petitioner vs.
1.The District Collector, 2.The District Revenue Officer, 3.The Settlement Officer, Settlement Office, O/o Director of Survey and Settlement Office, Chennai-5.
4.The Revenue Divisional Officer, Revenue Divisional Office, 5.The Special Thasildar, Adi-Dravidar Welfare Office, 6.S.Sarangapani 7.P.Palanichamy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Certiorarified Mandamus to call for the records in pursuant to the 4th Respondent impugned order dated 20.02.2018 in PA.MU.(A3) 124/2017 and the 2nd respondent impugned order dated 27.07.1991 in PA.MU.B.139734/1990 to quash the same and consequently directing the Respondents 1 2 and 4 to implement order of the 3rd Respondent order dated 30.06.1982 in R.P.No.2/SVG/1981 and restore the UDR Patta No.730 in respect of the petitioner's properties in S.No.56/1, in an extent 5 Acre out of 25.67.0, 2)S.No.56/4 in an extent of 0.39.0, 3) S.No.56/5 in an extent of 0.44 cents, 4) S.No.59 in an extent of 5 acres 50 cents out of 20.96.5 wet land and 5) S.No.60 in an extent of 2 Acres out
of 06.66.5 Hectares in Poovanthi Village, Tiruppuvanam Taluk, Sivagangai District and further direct the first respondent to refer under Section 30 of the land acquisition Act before Sub Court, Sivagangai in respect of land in S.No.56/1c in accordance with law.
For Petitioner : Mr.G.Jeremiah For Respondents : Mr.M.Jeyakumar Additional Government Pleader for R.1 to 5
ORDER
When this Court has expressed its intention to dismiss the writ petition on the ground that the dispute as raised in the writ petition can be resolved only before the civil Court and the same cannot be adjudicated under Article 226 of the Constitution of India, the learned Counsel appearing for the petitioner sought permission of this Court to withdraw this Writ Petition with liberty to approach the civil Court. He has also made an endorsement to that effect.
2. Permission is granted and the Writ Petition is dismissed as withdrawn. No costs. Consequently, the connected Miscellaneous Petitions are also dismissed.
3. The learned Counsel appearing for the petitioner would also request this Court to direct the Registry to return the original orders filed in the present Writ Petition.
4. The Registry is directed to return the original orders filed by the petitioner in the present proceedings to the learned Counsel for the petitioner, after obtaining appropriate acknowledgment.
Sd/- Assistant Registrar (Writs) // True Copy // Sub Assistant Registrar(CS-II) To 1.The District Collector,
2.The District Revenue Officer, 3.The Settlement Officer, Settlement Office, O/o Director of Survey and Settlement Office, Chennai-5.
4.The Revenue Divisional Officer, Revenue Divisional Office, 5.The Special Thasildar, Adi-Dravidar Welfare Office, Copy to The Section Officer, E.R. Section, Madurai Bench of Madras High Court, Madurai.
+1 CC To MR.J.JOHN, Advocate SR. NO. 93253 +1 CC TO The Special Government Pleader SR.NO. 93410 W.P.(MD) No.22151 of 2018 30.10.2018 SSI TR/SV/SAR-II(22.11.2018) 3 P 9C