The petitioner filed a public interest litigation challenging a registration document as illegal and directed the maintenance of a park. The court permitted withdrawal of the writ petition in favor of civil or revenue proceedings due to respondents' claim of private property status. The writ petition was dismissed as withdrawn.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.03.2015
CORAM
THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
W.P.No.2777 of 2015
and
M.P.No.1 of 2015
Dr.M.A.S.Subramanian ...Petitioner
Vs.
1. The Chief Secretary,
Puducherry.
2. The Commissioner,
Puducherry Municipality.
3. Jayaraj
4. J.Kamala Sankara Devi
5. The Sub Registrar,
Office of the Registrar,
Registration Department,
Saram, Puducherry. ...Respondents
Petition under Article 226 of the Constitution of India
praying for issue of Writ of Certiorarified Mandamus calling for the
records on the 5 th respondent in Document No.3828/2011 dated 03.8.2011
and quash the same as illegal, incompetent, unconstitutional and
without jurisdiction and direct respondent No.2 to maintain the park
at TS.No.190, R.S.No.101/1 (part), Cadastre No.202 (part), Patta
No.526, in Ward J, Block 4, Cuddalore Main road, Mudaliarpet, Olandai.
For Petitioner : Mr.V.Raghavachari For Respondents : Mr.T.Murugesan Public Prosecutor (Puducherry) assisted by Ms.Mala, Addl. Govt. Pleader for R1,2&5 No Appearance for R3 and R4
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice)
In view of the stand taken by the learned counsel for respondents 1,2 and 5 that the property in question is the private property and not a public property, the learned counsel for the petitioner seeks to withdraw the writ petition and to take his remedy either in Civil Court or in revenue proceedings or with the State Government itself, as may be advised. Endorsement has also been made.
Sd/-
Assistant Registrar(CS-III)
//True Copy//
Sub Assistant Registrar
bbr
To
1. The Chief Secretary,
Puducherry.
2. The Commissioner,
Puducherry Municipality.
3. The Sub Registrar,
Office of the Registrar,
Registration Department,
Saram, Puducherry.
1 CC to Mr.V.Raghavachari, Advocate SR.No. 11309
1 CC to the Government Pleader, SR.No. 11419
W.P.No.2777 of 2015
RK (CO)
PSI (10.03.2015)
Dr. M.A.S. Subramanian
The Chief Secretary, Puducherry
The Commissioner, Puducherry Municipality
Jayaraj
J. Kamala Sankara Devi
The Sub Registrar
Sanjay Kishan Kaul
M.M. Sundresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
