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Madras High CourtWP(MD)/14122/2022withdrawn dismissed

Mariappan. A v. The District Collector

2022-07-05Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 05.07.2022

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.14122 of 2022 A.Mariappan ... Petitioner v.

1.The District Collector, Virudhungar District, Virudhunagar.

2.The Revenue Divisional Officer, O/o.the Revenue Divisional Officer, Near Court Building, Aruppukottai, 3.The Revenue Tahsildar, O/o.the Tahsildar, Pattampudur Post, Virudhunagar Taluk, Virudhunagar District.

4.The Village Administrative Officer, Kalangaperi, Vaipoottanpatti Village, Virudhunagar Taluk, Virudhunagar District.

5.The Panchayat President, Pattampudhur, Virudhunagar Taluk, 6.The Deputy Superintendent of Police, SH 44, District Collectorate, Sulakkarai, Virudhunagar.

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7.The Inspector of Police, Vachakarapatti Police Station, 1/935, MDR-604, Ramasamy Raja Nagar, Thammanayakkanpatti, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 5 to remove the illegal restraint to keeping garbage and waste utensils on the public pathway entering into the petitioners agricultural field by some persons residing in the Pudu Colony, Kalangaperi Village, Virudhunagar District, comprising in Survey No.1/45 and consequently allow the petitioner to access the public pathway in order to perform agricultural activities by considering the petitioners representation sent to the respondents 1 to 5 and 6 and 7 dated 24.05.2022 and 13.06.2022 respectively within a time frame. For Petitioner : Mr.L.Prabhu For Respondents : Mr.K.Balasubramanian, Special Government Pleader for RR 1 to 4, 6 & 7. Mr.N.Muthuvijayan, Special Government Pleader for R5

ORDER

The learned counsel for the petitioner seeks leave to withdraw this writ petition. Leave is granted. This writ petition is dismissed as withdrawn with liberty to file a fresh writ petition on the same cause of action but confining his relief only to keeping the pathway free of encroachment. No costs. 05.07.2022 Index : Yes / No Internet : Yes/ No skm 2/4

To 1.The District Collector, Virudhungar District, Virudhunagar.

2.The Revenue Divisional Officer, O/o.the Revenue Divisional Officer, Near Court Building, Aruppukottai, 3.The Revenue Tahsildar, O/o.the Tahsildar, Pattampudur Post, Virudhunagar Taluk, Virudhunagar District.

4.The Village Administrative Officer, Kalangaperi, Vaipoottanpatti Village, Virudhunagar Taluk, Virudhunagar District.

5.The Panchayat President, Pattampudhur, Virudhunagar Taluk, 6.The Deputy Superintendent of Police, SH 44, District Collectorate, Sulakkarai, Virudhunagar.

7.The Inspector of Police, Vachakarapatti Police Station, 1/935, MDR-604, Ramasamy Raja Nagar, Thammanayakkanpatti, 3/4

G.R.SWAMINATHAN, J.

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