Writ petition seeking quashing of a revenue order was permitted to be withdrawn with rights preserved for future litigation on the same cause of action.
Petition permitted to be withdrawn with rights preserved to file fresh petition; dismissed as withdrawn.
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W.P.[MD]No.21131 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.10.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR W.P.(MD)No.21131 of 2019
and W.M.P(MD).No.17775 of 2019
1.M.Sorna Ganesh
2.Vasantha
... Petitioners
/Vs./
1.The District Revenue Officer, District Revenue Office, Thiruchirappalli.
2.V.Arumuga Perumal
... Respondents
PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the first respondent in Na.Ka.No.Aa6/10128/2017 dated 23.07.2019 and quash the same as illegal and without jurisdiction and direct the first respondent to dispose the revision of the petitioners on merits or issue appropriate direction against the first respondent to comply with the order of the Sub Collector/Revenue Divisional Officer, Trichy in Na.Ka.(A7)4044-2017 dated 09.04.2018.
For Petitioners : Mr.P.Vignesh for M/S.S.Jayachandran For Respondents : Mr.K.Mu.Muthu (for R1) Additional Government Pleader
ORDER
After some arguments, learned counsel for writ petitioners seeks permission to withdraw the writ petition, but makes a plea that the rights of writ petitioners may please be preserved for filing a fresh writ petition on the same cause of action inter alia by annexing a copy of the plaint in O.S.No.1142 of 2018 on the file of the learned District Munsif, Trichy.
2.To be noted, it is not in dispute that the writ petitioners are defendants in the said suit and the said suit has been cited as primary reason for making the impugned order.
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W.P.[MD]No.21131 of 2019
3.Permitted to withdraw preserving the rights of the writ petitioners to file a fresh writ petition on the same cause of action.
4.Instant Writ Petition is dismissed as withdrawn albeit preserving the rights of the writ petitioner in the aforesaid manner. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/-
Assistant Registrar(CRL SIDE)
// True Copy //
Sub Assistant Registrar(CS)
Rmk
To The District Revenue Officer, District Revenue Office, Thiruchirappalli.
COPY TO
THE DISTRICT MUNSIF, TRICHY.
+1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 91336
Order made in W.P.(MD)No.21131 of 2019 03.10.2019
srk(CO) TR(21.10.2019) 2P 4C
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1.M.Sorna Ganesh
2.Vasantha
The District Revenue Officer, District Revenue Office, Thiruchirappalli
V.Arumuga Perumal
M.Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
