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Madras High CourtWP(MD)/17045/2017withdrawn dismissed

Kulipirai Pottramari Kulam v. The District Collector,

2017-09-08Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.17045 of 2017 Kulipirai Pottramari Kulam Trust, Represented by its Trustee, Annamalai, S/o.Karuppiah, 19, Thiru.V.Ka. Street, Thilagar Street, Karaikudi.

... Petitioner Vs.

1. The District Collector, Pudukkottai District.

2. The Tahsildar, Thirumayam Taluk, Pudukkottai District.

3. The President cum Executive Officer, Kuzhipirai Village Panchayat, Pudukkottai District.

... Respondents PRAYER:Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 to remove the illegal construction made by the third respondent and others in S.Nos.431/1,2,4,5&6 of Kulipirai Village, Thirumayam Taluk, Pudukkottai District, within the stipulated time.

For petitioner : Mr.RM.Arun Swaminathan For respondents 1&2 : Mr.M.Govindan Special Government Pleader For Respondent No.3 : Mr.C.Prithiviraj For Mr.C.Selvaraj

O R D E R

[Order of the Court was made by K.K.SASIDHARAN, J.] The learned counsel appearing for the petitioner has made an endorsement indicating that the petitioner is withdrawing the https://hcservices.ecourts.gov.in/hcservices/

Writ Petition with liberty to approach the appropriate Civil Court.

2. In view of the endorsement so made, the Writ Petition is dismissed as withdrawn with liberty. However, we make it clear that the expression "liberty" should not be construed to be an expression of opinion on the merits of the matter. No costs. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To:

1. The District Collector, Pudukkottai District.

2. The Tahsildar, Thirumayam Taluk, Pudukkottai District.

+1cc to M/S. RM.ARUN SWAMINATHAN, Advocate, SR.No.77459. +1cc to Special Government Pleader, SR.No.78054. ORDER MADE IN W.P.(MD)No.17045 of 2017 08.09.2017 NB SDS/KK/SAR 2/22.09.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/