R.Sivakumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.(MD) No.15234 of 2023 R.Sivakumar ... Appellant/Writ Petitioner -Vs.- 1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Sivagangai District, Sivagangai.

3.The Executive Engineer, Public Works Department (WRO), ...

Saruguni Division, Sivagangai.

4.P.Reguraman 5.The Superintending Engineer, Water Resource Department, Lower Vaigai Basin Circle, Sivagangai.

... Respondents/Respondents 1/4

PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside the order dated 29.09.2023 made in W.P.(MD)No.1352 of 2016 on the file of this Court.

For Appellant : Mr.V.Meenakshi Sundaram For Respondents : Mr.S.Kameswaran Government Advocate for R1 to R3 and R5 ****

J U D G M E N T

(Judgment of the Court was delivered by V.LAKSHMINARAYANAN, J.) The appellant has challenged the manner in which the Government Order has been passed. Learned Single Judge has specifically directed in paragraph Nos.6 and 7 of the impugned order dated 29.09.2023 that the formula evolved by the Chief Engineer, which has resulted in the Government Order, should be put into operation atleast for one season.

2. When this was pointed out to the learned counsel for the appellant, he seeks permission of this Court to withdraw the Writ Appeal with liberty to challenge the Government Order in case he is still aggrieved and he has also made an endorsement to that effect in the Writ 2/4

Appeal. Recording the same and reserving the liberty the Writ Appeal is dismissed as withdrawn. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

[S.M.S.J.,] & [V.L.N.J.,] NCC :Yes/No 08.11.2023 Index :Yes/No SJ To 1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Sivagangai District, Sivagangai.

3.The Executive Engineer, Public Works Department (WRO), ...

Saruguni Division, Sivagangai.

4.The Superintending Engineer, Water Resource Department, Lower Vaigai Basin Circle, Sivagangai.

3/4

S.M.SUBRAMANIAM, J.

AND V. LAKSHMINARAYANAN, J.

SJ 08.11.2023 4/4