The petitioner withdrew the writ petition seeking a mandate to restrain respondents from using specific gates, with liberty to approach the Civil Court. The High Court dismissed the petition as withdrawn without commenting on merits.
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1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.11.2018
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.[MD]No.19397 of 2014 and M.P.[MD]Nos.1 of 2014 & 1 of 2015
Sumathi : Petitioner
Vs. 1. The District Collector, Pudukkottai District.
Sivagangai District.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 3 to pass appropriate orders forbearing the respondents 4 & 5 from using the gates situate on the eastern side of the building in T.S.No.4199 and 4200, Vairavan Lane, Pudukkottai by considering the petitioner's representation dated 14.10.2014 within stipulated time.
For Petitioner : Mr.K.Baalasubdharam
For Respondents 1 & 2 : Mr.N.Shanmugaselvam,
Additional Government Pleader
For Respondent No.3 : Mr.P.Mahendran https://hcservices.ecourts.gov.in/hcservices/ For Respondent No.4 : Mr.D.Rameshkumar
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O R D E R
***************
[Order of the Court was made by K.K.SASIDHARAN, J.]
The learned Counsel for the petitioner made an endorsement, indicating that he is withdrawing the Writ Petition, with liberty to take up the issue before the Civil Court by filing appropriate application in the pending suit in O.S.No.130 of 2013, on the file of the District Munsif, Pudukkottai.
2.In view of the endorsement so made, the Writ Petition is dismissed as withdrawn, with liberty. However, we make it clear that the expression 'liberty' should not be construed to be an expression of opinion on the merits of the matter. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar (AD-I)
/True Copy/
Sub Assistant Registrar (CS-III)
To
MR
TE/SV/SAR-3 : 20/12/2018 : 2P/6C
Order made in W.P.[MD]No.19397 of 2014 Dated: 22.11.2018
Sumathi
The District Collector, Pudukkottai District
The Deputy Director of Town and Country Planning, Sivagangai Region
The Commissioner, Pudukkottai Municipality
Chidambaram Chettiar
Palaniappa Chettiar
K.K.SASIDHARAN
P.D.AUDIKESAVALU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
