Disposed

Annadurai. P v. The District Collector

Madras HC18 Oct 2023WP(MD)/19872/2023

Case brief

AI extract

What is this about?

The Madurai Bench disposed of a PIL regarding unauthorized religious construction within a school premise. The court acceded to counsel's request to allow withdrawal of the petition and permissively allowed any other person to file a fresh writ petition on the same cause of action with better facts.

What did the court decide?

Petition disposed as closed; petitioner permitted to withdraw to allow fresh petition by another person on same cause of action.

Annadurai. P Vs The District Collector — Property and Title | Madras HC (2023)

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W.P(MD)No.19872 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 18.10.2023

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CORAM :

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THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL

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W.P(MD)No.19872 of 2023 and

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W.M.P(MD)No.16410 of 2023

P.Annadurai

... Petitioner

vs.

The District Collector, Collectorate, Thanjavur.

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The Revenue Divisional Officer, Revenue Divisional Office, Pattukkottai Taluk, Thanjavur District.

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The Tahsildar, Tahsildar Office, Pattukkottai Taluk, Thanjavur District.

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The Commissioner, Panchayat Union Office, Madukkur, Pattukkottai Taluk, Thanjavur District. ... Respondents

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https://www.mhc.tn.gov.in/judis

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Page No.1 of 5

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W.P(MD)No.19872 of 2023

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Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondent to stop the illegal construction of the unauthorized religious structure which is being built within the premises of Panchayat Union Primary School which is situated at SF.No.559/9, 559/8C in Padappaikadu Village, Madukur South, Thanjavur District and to restore the said premises to its original position in consonance with Section 5 of the Tamil Nadu Public Premises (Eviction of Unauthorized Occupants) Act, 1975 by considering the petitioner's representations dated 02.05.2023 and 02.08.2023 within the time frame fixed by this Court.

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For Petitioner : Mr.S.Ramanathan For R1 to R3 : Mr.P.Thilakkumar, Government Pleader

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O R D E R

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[Order of the Court was made by M.SUNDAR, J. ]

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This order will now dispose of the captioned 'Writ Petition' (hereinafter 'WP' for the sake of brevity) and the captioned 'Writ Miscellaneous Petition' (hereinafter 'WMP' for the sake of brevity) therein. Captioned Writ Petition has been filed in this Court on 09.08.2023 as a 'Public Interest Litigation' (hereinafter 'PIL' for the sake of brevity).

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https://www.mhc.tn.gov.in/judis

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Page No.2 of 5

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W.P(MD)No.19872 of 2023

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Adverting to proceedings made in the previous listing on

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30.08.2023, learned counsel has expressed regret for missing the matter. Be that as it may, adverting to proceedings made in the listing prior to the earlier listing i.e., 16.08.2023, learned counsel submitted that instead of the petitioner in the captioned WP, another person if substituted will be able to assist this Court with facts of sufficient granularity. In this scenario, instead of substitution the option of withdrawing the captioned WP and filing of fresh writ petition by another person on the same cause of action popped up and learned counsel sought leave to take this route. Learned counsel has made an endorsement in the case file and a scanned

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reproduction of the same is as follows:

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Request of learned counsel to preserve the rights of any

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other persons to canvass the same point on the same cause of action giving more facts and particulars with granularity is acceded to. In other

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https://www.mhc.tn.gov.in/judis

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Page No.3 of 5

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W.P(MD)No.19872 of 2023

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words, it is open to any other person to come to this Court on the same

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cause of action.

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With this caveat, captioned PIL (main Writ Petition) and the

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WMP are disposed of as closed. There shall be no order as to costs.

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(M.S., J.) (R.S.V., J.) 18.10.2023

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Index : Yes / No Neutral Citation : Yes / No bala

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The District Collector, Collectorate, Thanjavur.

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The Revenue Divisional Officer, Revenue Divisional Office, Pattukkottai Taluk, Thanjavur District.

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The Tahsildar, Tahsildar Office, Pattukkottai Taluk, Thanjavur District.

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The Commissioner, Panchayat Union Office, Madukkur, Pattukkottai Taluk, Thanjavur District.

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https://www.mhc.tn.gov.in/judis

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Page No.4 of 5

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W.P(MD)No.19872 of 2023

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M.SUNDAR, J. and R.SAKTHIVEL, J.

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bala

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ORDER MADE IN W.P(MD)No.19872 of 2023 DATED : 18.10.2023

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https://www.mhc.tn.gov.in/judis

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Page No.5 of 5

Annadurai. P v. The District Collector

Case brief

What is this about?

What did the court decide?

Annadurai. P v. The District Collector

Case brief

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