← Library
Madras High CourtWP(MD)/14233/2023withdrawn dismissed

Kumaresamuthuramalingam v. The District Collector

2025-03-20Honourable Mr Justice P.B. Balaji5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Kumaresamuthuramalingam .... Petitioner /Vs./

1. The District Collector, Tenkasi District, Tenkasi.

2. The Tahsildar, V.K.Pudur Taluk, Tenkasi District.

3. The Taluk Surveyor, V.K.Pudur Taluk, Tenkasi District.

4. The Inspector of Police, Uthumalai Police Station, Tenkasi District.

5. Marimuthu

6. Murugan

7. Packiasamy

8. Muthaathal .... Respondents 1/5

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 3rd respondent to survey the petitioner's land situated in S.No.697/1C to an extent of 3 Acre 26 cents (1.32.00 Hectares) of total extent of 9 Acres 78 cents (3.96.00 Hectares) palapathiraramapuram village, V.K.Pudur Taluk, Tenkasi District, by demarcating the boundaries with the help of 4th respondent's police protection on the basis of the petitioner's representation dated 17.04.2023.

For Petitioner : Mr.M.Sankar For R1 to R3 : Mrs.K.Malathi, Additional Government Pleader For R4 : Mr.S.Prakash, Government Advocate For R5 to R8 : Mr.M.Saravanan

ORDER

The writ petitioner seeks permission to withdraw the writ petition and he has also made an endorsement to that effect.

2. The learned counsel for the respondents 5 to 8 vehemently opposes withdrawal of the writ petition stating that the writ petitioner subsequently filed a writ petition, suppressing the present writ petition and in the subsequent W.P(MD)No.1799 of 2024, the petitioner has got 2/5

an order for survey. However, on going through the affidavit in support of the writ petition in W.P(MD)No.1799 of 2024, I find that there is also a mention of present writ petition. Therefore, there is no suppression on the part of the writ petitioner.

3. Therefore, permission to withdraw this writ petition is granted. In view of the endorsement made by the learned counsel for the petitioner, the writ petition is dismissed as withdrawn. No costs. Index : Yes / No NCC : Yes / No 20.03.2025 am 3/5

To

1. The District Collector, Tenkasi District, Tenkasi.

2. The Tahsildar, V.K.Pudur Taluk, Tenkasi District.

3. The Taluk Surveyor, V.K.Pudur Taluk, Tenkasi District.

4. The Inspector of Police, Uthumalai Police Station, Tenkasi District.

4/5

P.B. BALAJI , J.

am Order made in Dated:

20.03.2025 5/5