Duraisamy v. The District Collector

O R D E R [Order of the Court was made by M.SUNDAR, J.] When the matter was taken up, it came to light that the alleged encroacher has not been arrayed as a co-respondent. Faced with the above situation, learned counsel sought leave of this Court to withdraw the captioned Writ petition and made the following endorsement in the case file:

¶2Learned counsel requests to preserve the rights and contentions of the petitioner and or any one concerned with the matter to come back to this Court with a properly framed petition. Request acceded to.

¶3Captioned Writ Petition is disposed of as closed / withdrawn albeit preserving the rights of the petitioner and or any one concerned with the matter in the aforesaid manner. There shall be no order as to cots.

[M.S.,J.] & [R.S.V.,J.]

10.11.2023 Index : Yes/No vsm

M.SUNDAR, J. and

R.SAKTHIVEL, J. vsm To

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The District Revenue Officer,

3.The Revenue Divisional Officer, Illuppur,

4.The Tahsildhar, Illuppur Taluk,

5.The Divisional Engineer (State Highway), (Construction and Maintenance), W.P.(MD)No.27150 of 2023

10.11.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.11.2023 CORAM: THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL W.P.(MD)No.27150 of 2023 Duraisamy : Petitioner Vs. 1.The District Collector, Pudukkottai District, Pudukkottai. 2.The District Revenue Officer, 3.The Revenue Divisional Officer, Illuppur, 4.The Tahsildhar, Illuppur Taluk, 5.The Divisional Engineer (State Highway), (Construction and Maintenance), : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the 4th respondent to remove the encroachment in Survey Nos.2, 3 and 4 of Aayingudi Village, Thiruvengaivasal, Kudumiyanmalai, Illuppur Taluk, Pudukkottai District of Pudukkottai to Illuppur State Highway Road and protect the same based on the petitioner's representation dated 14.10.2023 within the period of stipulated time as fixed by this Honble Court. For Petitioner : Mr.J.Prabu for Mr.B.Namassivayam For Respondents : Mr.P.Thilak Kumar, Government Pleader