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Madras High CourtWP(MD)/6771/2016closed

C.Shanmuga Sundaram, v. The District Collector,

2023-03-01Honourable Mr Justice P.D.Audikesavalu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU C.Shanmuga Sundaram ... Petitioner -vs1. The District Collector, Tirunelveli District.

2. The Revenue Divisional Officer, Tirunelveli-9.

3. The Tahsildar, Palayamkottai, Tirunelveli District.

4. S.Kanthaih

5. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tirunelveli.

(R5 is suo motu impleaded vide Court order dated 22.02.2023 in W.P. (MD).6771 of 2016) ... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to consider 1/5

the petitioners representations dated 14.02.2016 and 13.03.2016 and permit the petitioner to cut and remove the Palmara tree in private land in T.S.No.865, in Sri Narguna Sundara Vinayagar Balasubramania Temple Campus, Palayamkottai, Tirunelveli District within a time stipulated by this Honourable Court.

For Petitioners : Mr. M.S.D.Nallathambi For Respondents : Mr. D.Gandhiraj, Special Government Pleader for R1 to R3 Mr. P.T.S. Narendravasan for R4

O R D E R

Heard Mr. M.S.D.Nallathambi, Learned Counsel for the Petitioner, and Mr. D.Gandhiraj, Learned Special Government Pleader appearing for the First to Third Respondents and Mr. P.T.S. Narendravasan, Learned Counsel for the Fourth Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition has been filed for directing the First to Third Respondents to consider the representations dated 14.02.2016 and 13.03.2016 made by the Petitioner for permitting him to cut and remove the Palmyra tree in private land in T.S.No.865 in Sri Narguna Sundara Vinayagar Balasubramania 2/5

Temple Campus, Palayamkottai, Tirunelveli District, within a time limit fixed by the Court.

3.

The Fourth Respondent, who is present in Court today, has undertaken to withdraw all the cases filed by him against the Petitioner and his family members in various courts and he has made an endorsement to that effect in the court record in the presence of his counsel.

4.

In view of the same, Ms. S.Shivashankari, the wife of the Petitioner, who has produced authorization from him, who is also present in Court, seeks permission of the Court to withdraw the Writ Petition and she has made an endorsement along with her counsel to that effect in the court record . In such circumstances, the Writ Petition is dismissed as withdrawn. No costs.

01.03.2023 2/2 PKN Index: Yes/No Note: Issue order copy by 02.03.2023.

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To

1. The District Collector, Tirunelveli District.

2. The Revenue Divisional Officer, Tirunelveli-9.

3. The Tahsildar, Palayamkottai, Tirunelveli District.

4. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tirunelveli.

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P.D. AUDIKESAVALU, J.

PKN 01.03.2023 2/2 5/5