A.Selvaraj v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL W.P.(MD)No.21704 of 2023 and W.M.P.(MD)No.18108 of 2023 A.Selvaraj : Petitioner Vs.

1.The District Collector, Kanyakumari District at Nagercoil.

2.The Executive Officer, Killiyoor Town Panchayat, Kanyakumari District.

3.Mr.T.Rajenthiran : Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents herein to forthwith remove the illegal and unauthorized construction of the 3rd respondent made in Survey No. 518/3, Killiyoor Village, Killiyoor Taluk, Kampilar, Periyapilamoottu Vilai, Mangarai Post, Kanyakumari District. For Petitioner : Mr.R.Russel Raj For Respondents : Mr.P.Thilak Kumar, Govt. Pleader for R1 & R2 Assisted by Mr.M.Senthil Ayyanar, Government Advocate.

Mr.K.Samidurai for R3

O R D E R

[Order of the Court was made by M.SUNDAR, J.] When the matter was taken up, Mr.R.Russel Raj, learned counsel on record for petitioner sought leave of this Court to withdraw the captioned Writ Petition and the captioned 'Writ Miscellaneous Petition' ('WMP' for brevity) therein but made a plea that all the rights and contentions of the petitioner may please be preserved for raising the same in appropriate Court/s/Forum/Fora/Authority/Authorities vide suitable proceeding/s. Request acceded to.

2. Learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows:

3. In the light of the narrative thus far, captioned Writ Petition and WMP thereat is disposed of as closed / withdrawn albeit preserving all the rights and contentions of the petitioner in the aforesaid manner. Though obvious, we also make it clear that we have not expressed any view or opinion on the merits of the matter and if any Court/s/Forum/Fora/Authority/Authorities is/are approached, pertaining to the subject matter of the captioned WP, the same shall be dealt with by such a Court/s/Forum/Fora/Authority/Authorities qua the merits of the proceedings initiated in accordance with law untrammeled by withdrawal of

the captioned Writ Petition. There shall be no order as to costs. Consequently, connected WMP is closed on same terms. [M.S.,J.] & [R.S.V.,J.] 04.10.2023 Index : Yes Internet : Yes vsm

To 1.The District Collector, Kanyakumari District at Nagercoil.

2.The Executive Officer, Killiyoor Town Panchayat, Kanyakumari District.

M.SUNDAR, J.

and R.SAKTHIVEL, J.

vsm W.P.(MD)No.21704 of 2023 04.10.2023