Madras High CourtWP(MD)/19012/2016withdrawn dismissed

K.Karthigai Kumar, v. The District Collector,

2016-10-04Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2016 CORAM :

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.19012 of 2016 and W.M.P(MD)No.13743 of 2016 K.Karthigai Kumar ... Petitioner vs.

1)The District Collector, District Collector Campus, Virudhunagar District.

2)The Assistant Director, (Village Panchayat), Office of the Assistant Director, Virudhunagar District.

3)The Block Development Officer, (Village Panchayat), Kariyapatti Union Office, Kariyapatti, Virudhunagar District.

4)The Panchayat President, Aviyur Panchayat, Kariyapatti Taluk, Virudhunagar District.

5)A.Sivakumar ... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to forbear the respondent No.4 from granting the layout approval for the Airport Six Way City Housing Plots situate in Survey No.70/2A, 2B1, 2B2, 2B3, 2B4, 3, 4, 5, 6, 7A, 8A, 11, 12, 13A, 13B, 14, 15, 16, 17A, 17B, 18, 19, 20, 21, 22, 23 of Aviyur Village, Kariyapatti Taluk, Virudhunagar District.

https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : Mr.V.Baskaran For R1 & R2 : Mr.T.S.Mohammed Mohideen

Additional Government Pleader For R3 & R4 : Mr.J.Gunaseelan Muthiah Government Advocate

ORDER

The learned counsel for the petitioner seeks permission of this Court to withdraw this writ petition with liberty to move the Civil Court with reference to the same relief. This Court is also of the view that the Civil Court will be in a better position to appreciate the claim made by the petitioner in this writ petition, having regard to the nature of dispute pending between both the parties.

2.The learned counsel has also made an endorsement seeking to withdraw this writ petition. Recording the submission and endorsement, this Writ Petition is dismissed as withdrawn with liberty as prayed for. No costs. Consequently, W.M.P(MD)No.13743 of 2016 is closed.

Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar To 1)The District Collector, District Collector Campus,Virudhunagar District. 2)The Assistant Director, (Village Panchayat), Office of the Assistant Director,Virudhunagar District. 3)The Block Development Officer, (Village Panchayat), Kariyapatti Union Office,Kariyapatti,Virudhunagar District. 4)The Panchayat President, Aviyur Panchayat, Kariyapatti Taluk,Virudhunagar District.

+1 cc to M/s.J.Gunaseelan, Advocate in SR.No.58578 +1 cc to The Special Government Pleader in SR.No. 59200 nbi CSL/SS-2/04.11.2016: 2P/7C W.P(MD)No.19012 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 04.10.2016