Madras High CourtWP(MD)/15901/2017withdrawn dismissed

Pitchai, v. The Secretary

2018-09-25Honourable Mr Justice V. Parthiban4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.15901 of 2017 and W.M.P.(MD) No.12565 of 2017

1. Pitchai

2. M.Subramani

3. C.Mookkan

4. Muthumanickam

5. R.Periyasamy

6. R.Mariyappan

7. M.Selvaraj

8. Karnan

9. M.Ragavan 10.K.Selvaraj 11.R.Manikkammal 12.M.Ponnammal 13.M.Selvam 14.M.Subramani 15.Tamilvendhan 16.M.Velan 17.Uma maheswari 18.S.Muthuveeran ... Petitioners vs.

1. The Secretary, Home Department, St.George Fort, Chennai.

2. The District Collector, Dindigul District, Dindigul.

3. The Superintendent of police, Dindigul District, Dindigul.

4. The Revenue Divisional Officer, Dindigul.

5. The Assistant Director, Department of Minerals and Mines,

6. The Tahshildhar, Vedasandhur Taluk, Vedasandhur, Dindigul District.

7. The Managing Director, Chettinad cements Ltd., Karikkali, Vedasandhur Taluk, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus to direct the 5th respondent to take action against the 7th respondent for illegal quarrying in the petitioners land and direct the 2nd & 5th respondent to survey the lands and take action against 7th respondent to hand over the lands to petitioners suitable for agricultural activities in petitioners land situated in Didigul district, vedasanthur village, Karikkali village in S.No.1336/7, 1389/2, 1390/1, 1390/3, 1390/4, 1405/7, 1405/9, 1119/3, 1385/11386/2, 1387/2, 1387/3, 1398/2, 1401/2B, 1405/5, 1405/6, 1398/3, 1394/2, 1397/3, 1397/4, 1398/4, 1389/3, 1389/4, 1389/5, 1389/6, 1389/7, 1389/8, 1389/9, 1335/6, 1335/7, 1077/6, 1397/2, 1393/1, 1404/2, 1404/3, 1404/4, 1404/5, 1404/6, 1404/7, 1404/8, 1405/2, 1405/3, within a time frame fixed by this Court. For Petitioners :

No appearance For Respondents :

Mr.M.Jeyakumar Additional Government Pleader for R1 to R6 Mr.S.Kadarkarai for R7

O R D E R

Learned counsel appearing for the petitioners, on instructions from his clients, namely, petitioners in this writ petition, has given a letter, dated 05.09.2018, to the Registry seeking to post the writ petition for withdrawal.

2. When the matter was taken up for hearing, none appeared on behalf of the petitioners. However, in view of the letter, dated 05.09.2018, circulated by the learned counsel for the petitioners, on instructions from his clients, the writ petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) FOR BEING MENTIONED This Petition having been posted on this day (28.09.2018) FOR BEING MENTIONED in pursuance of the order of this Court dated

25.09.2018 and made herein in the presence of the above said Advocate Mr.R.Ramasamy, Advocate for the petitioner herein this Court made the following order:- In the above matter, the Counsel appearing for the petitioners has circulated a letter dated 05.09.2018 seeking to withdraw the writ petition on the basis of the instructions from his clients. On the basis of the letter circulated by the Counsel for the petitioners, the matter was listed for withdrawal and the same was dismissed as withdrawn on 25.09.2018. Subsequently, the Counsel for the petitioners mentioned before this Court that in respect of the seventeenth writ petitioner, a liberty may be given to her to file a separate writ petition in regard to the grievances as projected in the writ petition, as she wants to pursue her claim before this Court.

2. In view of the same, the order passed by this Court on 25.09.2018 is modified as under:

" The Writ Petition stands dismissed as withdrawn in respect of all the writ petitioners but however liberty is given to the seventeenth writ petitioner alone to approach this Court, in case she is so advised."

/True Copy/ Sub Assistant Registrar (CS-IV) To:

1. The Secretary, Home Department, St.George Fort, Chennai.

2. The District Collector, Dindigul District, Dindigul.

3. The Superintendent of Police, Dindigul District, Dindigul.

4. The Revenue Divisional Officer, Dindigul.

5. The Assistant Director, Department of Minerals and Mines,

6. The Tahshildhar, Vedasandhur Taluk, Vedasandhur, + 1 CC TO Mr.S.KADARKARAI, ADVOCATE IN SR No. 86909 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 87143 KRK TE/PM/SAR-4 : 12/10/2018 : 4P/9C W.P.(MD) No.15901 of 2017 and W.M.P.(MD) No.12565 of 2017 25.09.2018