Madras High CourtWP(MD)/24799/2019withdrawn dismissed

Lourdhu Samy v. The District Collector

2019-11-22Honourable Mr Justice M. Sundar2 pages

W.P.(MD)No.24799 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR W.P.(MD)No.24799 of 2019 Lourdhu Samy ... Petitioner /Vs./ 1.The District collector, Ramanathapuram District, Ramanathapuram.

2.The District Revenue Officer, Ramanathapuram District, Ramanathapuram.

3.The Revenue Divisional Officer, Ramanathapuram District, Ramanathapuram.

4.The Tahsildar, R.S.Mangalam Taluk, Ramanathapuram District.

5.The Manager, NN163, Ramanathapuram Primary Agriculture Cooperative and Urban Development Bank, Ramanathapuram, Ramanathapuram District.

6.Sengol 7.Amalraj 8.Arunachalam ... Respondents PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 3rd and 4th respondents herein to cancel the patta Nos.26, 200 in respect of survey Nos.84/9A, 9B to an extent of 2.10 Acres in Sengudi Village, Sengudi Post, R.S.Managalam Taluk, Ramanathapuram District by considering the petitioner's representation dated 13.05.2019 and consequently directing the 5th respondent to conduct the enquiry as against the respondents 6 to 8 in respect of the property in Survey Nos.84/9A, 9B to an extent of 2.10 Acres in Sengudi Village, Sengudi Post, R.S.Mangalam Taluk, Ramanathapuram District, which was pledged by the respondents 6 to 8 by fabricating the documents and obtained loan from 5th respondent herein. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.24799 of 2019 For Petitioner : Mr.M.Vigneshkumar for Mr.D.Balamurugapandi For R-1 to R-4 : Mr.M.Pandiarajan Additional Government Pleader

ORDER

After some arguments, learned counsel for writ petitioner sought permission to withdraw this writ petition, but made a plea that the rights of writ petitioner may please be preserved to file a statutory appeal under 'The Tamil Nadu Patta Pass Book Act, 1983 (4 of 1986)' (hereinafter referred to as 'said Act' for the sake of brevity, convenience and clarity) assailing the patta granted in favour of the respondents 6 to 8.

2. Learned counsel has made an endorsement in the case file. Endorsement is reiterated.

3. Permitted to withdraw.

4. In the light of the endorsement and reiteration of the same, instant Writ Petition is dismissed as withdrawn albeit preserving the rights of the writ petitioner in the aforesaid manner. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) sm To 1.The District collector, Ramanathapuram District, Ramanathapuram. 2.The District Revenue Officer, Ramanathapuram District, Ramanathapuram.

3.The Revenue Divisional Officer, Ramanathapuram District, Ramanathapuram.

4.The Tahsildar, R.S.Mangalam Taluk, Ramanathapuram District.

+1CC TO MR.D.BALAMURUGAPANDI, Advocate Sr. No.101281 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 101528 Order made in W.P.(MD)No.24799 of 2019 Dated:22.11.2019 SVN(CO) TR(11.12.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2