D.Murugesan v. The Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL and W.M.P.(MD)No.21050 of 2023 D.Murugesan : Petitioner Vs.
1.The Secretary, Municipal Administration, Government of Tamil Nadu, Fort St. George, Chennai.
2.The Director, Municipal Administration, 75, Santhome High Road, Pattinampakkam, MRC Nagar, Raja Annamalaipuram, Chennai - 4.
3.The Commissioner, Rehabilitation & Welfare Department, Ezhilagam, Annexure Building, 4th Floor, Beach Road, Chepauk, Chennai - 600 005.
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4.The District Collector, Kanniyakumari District.
5.The Planning Officer, District Block Development Office, Nagercoil, Kanyakumari District.
6.The Block Development Officer, Rajakkamangalam, Kanyakumari District.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings vide e.f.vz;.I/ 38550/2021 ehs;:19.09.2023 issued by the fourth respondent and quash the same as illegal and consequently direct the respondents 1 to 5 to shift the present proposal of the construction of 72 row houses for Srilankan Tamils living in Rehabilitation Centre Palavilai Village, Agasteeswaram Taluk, Kanyakumari District to some other Government promboke or waste land in Rajakkamangalam Village as per the recommendations in proceedings No.Na.Ka.No.A1/1135/2023 dated 10.04.2013 of the then District Collector, Kanyakumari District.
For Petitioner : Mr.D.Saravanan For Respondents : Mr.P.Thilak Kumar Government Pleader 2/6
O R D E R
************ [Order of the Court was made by M.SUNDAR, J.] When the matter was taken up Mr.D.Saravanan, learned Counsel on record for writ petitioner sought leave of this Court to withdraw the captioned Public Interest Litigation petition as certain inadvertent errors have crept in in description of the parties.
2.Learned Counsel further sought to preserve the rights and contentions of writ petitioner to come up with another writ petition with same / similar prayer on the same cause of action after doing a course correction. Request acceded to. 3.Learned Counsel has made an endorsement and a scanned reproduction of the same is as follows: 3/6
4.In this view of the matter, learned Counsel also requested for the impugned order to be returned for filing a fresh writ petition.
5.Registry is directed to return the original impugned order forthwith to the learned Counsel on record under due acknowledgment.
6.In the light of the narrative thus far, captioned Writ Petition is disposed of as closed / withdrawn, albeit preserving the rights of writ petitioner in the aforesaid manner. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
[M.S.,J.] & [R.S.V.,J.] 13.10.2023 Index : Yes/No Internet : Yes/No MR Note: Registry to issue a copy of this order by today [13.10.2023].
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To 1.The Secretary, Municipal Administration, Government of Tamil Nadu, Fort St. George, Chennai.
2.The Director, Municipal Administration, 75, Santhome High Road, Pattinampakkam, MRC Nagar, Raja Annamalaipuram, Chennai - 4.
3.The Commissioner, Rehabilitation & Welfare Department, Ezhilagam, Annexure Building, 4th Floor, Beach Road, Chepauk, Chennai - 600 005.
4.The District Collector, Kanniyakumari District.
5.The Planning Officer, District Block Development Office, Nagercoil, Kanyakumari District.
6.The Block Development Officer, Rajakkamangalam, Kanyakumari District.
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M.SUNDAR, J.
and R.SAKTHIVEL, J.
MR ORDER MADE IN 13.10.2023 6/6