Manoranjitham.A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR and W.M.P(MD)No.14764 of 2021 A.Manoranjitham ... Petitioner Vs.

1.The District Collector, O/o.The District Collector, Thoothukudi District, Thoothukudi.

2.The Sub Collector, O/o.The Sub Collector, Thoothukudi District, Thoothukudi.

3.Rebecca Joyes Swarna ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the impugned proceedings issued by the second respondent in Mu.Mu.B1/87/2020, dated 16.09.2020 and the impugned proceedings passed by the first respondent vide his proceedings No.Na.Ka.Ce/appeal No.4/2021, dated 17.08.2021 and quash the same and consequently, 1/5

directing the respondents 1 and 2 cancel the gift deed made by the petitioner vide settlement deed No.1230/2019, dated 03.04.2019 in favour of the third respondent.

For Petitioner : Mr.C.Jeganathan For Respondents : Mr.S.R.A.Ramachandran, Additional Government Pleader, for R1 & R2.

: Mr.V.Rajiv Rufus, for R3.

O R D E R

The Writ Petition has been filed seeking a Writ of Certiorarified Mandamus, to call for the impugned proceedings issued by the second respondent in Mu.Mu.B1/87/2020, dated 16.09.2020 and the impugned proceedings passed by the first respondent vide his proceedings No.Na.Ka.Ce/appeal No.4/2021, dated 17.08.2021 and quash the same and consequently, directing the respondents 1 and 2 cancel the gift deed made by the petitioner vide settlement deed No.1230/2019, dated 03.04.2019 in favour of the third respondent.

2. When the matter is taken up for hearing today, the learned counsel for the petitioner would submit that earlier the third respondent has filed a suit in O.S.No.7 of 2020 on the file of the District Munsif 2/5

Court, Thoothukudi and the petitioner has filed a counter claim and the same are pending; that during the pendency of the Writ Petition, the petitioner has filed the suit in O.S.No.12 of 2022 and the same is pending on the file of the II Additional District Court, Thoothukudi and that he may be permitted to withdraw this Writ Petition giving liberty to workout his remedy on the suits pending before concerned Courts and he has also made an endorsement to that effect.

3. In view of the submission and the endorsement made by the learned counsel for the petitioner, the Writ Petition is dismissed as withdrawn with liberty to workout his remedy in pending suits before the concerned Courts. Consequently, connected Miscellaneous Petition is closed. No costs.

15.03.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No das 3/5

To 1.The District Collector, O/o.The District Collector, Thoothukudi District, Thoothukudi.

2.The Sub Collector, O/o.The Sub Collector, Thoothukudi District, Thoothukudi.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR, J das Order made in and W.M.P(MD)No.14764 of 2021 Dated : 15.03.2024 5/5