Madras High CourtWP(MD)/12865/2013withdrawn dismissed

Mookkaiah, v. The District Collector,

2018-12-05Honourable Mr Justice C. Saravanan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2018

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD) No.12865 of 2013 Mookkaiah ... Petitioner vs.

1. The District Collector Sivagangai District

2. The District Revenue Officer Sivagangai District

3. The Revenue Divisional Officer Devakottai, Sivagangai District

4. Velu

5. Alagappan

6. Arumugam

7. Muthathal

8. N.S.Sundaram

9. Subramanian ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining tot he impugned order in Na.Ka.A.5666/2012 dated 12.07.2013 passed by the third respondent and quash the same as illegal and arbitrary and further direct the first respondent to conduct detailed enquiry regarding the petitioner's representation before him dated 15.07.2013 For Petitioner : Mr.V.Sankaranarayanan For R-1 to R-3 : Mr.A.Thiyagarajan Additional Government Pleader For R-4 and R-5 : Mr.Sundar Srinivasan

ORDER

The learned counsel for the petitioner submits that the impugned order has been passed by the third respondent rejecting the application for cancelling the patta issued in favour of respondents 4 to 9. He would also submit that the he has also filed a suit against the respondents and the said suit is also pending. https://hcservices.ecourts.gov.in/hcservices/

2. The learned counsel for the respondents 1 to would submit that the suit is pending before the District Munsif Court, Thirupathur in O.S.No.42 of 2015.

3. Under this circumstance, the learned counsel for the petitioner seeks permission of this Court to withdraw the petition and he has also made an endorsement to that effect. In view of the endorsement made by the learned counsel for the petitioner, this Writ Petition is dismissed as withdrawn with liberty to initiate appropriate proceedings depending upon the outcome of the civil suit. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar(CS-I) To:

1. The District Collector Sivagangai District

2. The District Revenue Officer Sivagangai District

3. The Revenue Divisional Officer Devakottai, Sivagangai District +1cc to SPL.Govt.Pleader, Sr.No.98896 +1cc to Mr.V.Kannan, Advocate Sr.No.98855 AAV KM/SV/SAR1/26.12.2018/2P/6C W.P.(MD) No.12865 of 2013 05.12.2018 https://hcservices.ecourts.gov.in/hcservices/