The High Court permitted the withdrawal of a writ petition seeking removal of encroachment, subject to the preservation of the petitioners' right to file a civil suit on the same subject matter. The Court did not impose costs.
Leave to withdraw the writ petition with preservation of rights to file a civil suit granted; no costs imposed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.37163 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.P.No.37163 of 2024 and
W.M.P. No.40160 of 2024 in W.P.No.37163 of 2024
1.Shaila Krishna Reddy 2.B.Santhosh
... Petitioners
vs
5.Muniraj
... Respondents
Page Nos.1/5
W.P.No.37163 of 2024
Writ Petition filed under Article 226 of The Constitution of India
praying to issue a Writ of Mandamus directing the respondents 1 to 3 herein to remove the encroachment made by the respondents 5 to 9 in the petitioner's land comprised in Old S.No.505/1, Sub Division S.No.505/1A and 505/1B based on petitioner's representation dated 16.11.2024 within time frame fixed by this Court.
For Petitioners : Mr.A.Velmurugan
ORDER
[Order of the Court was made by M.SUNDAR, J .,]
After some arguments, learned counsel for writ petitioners sought leave of this Court to withdraw the captioned 'Writ Petition' (hereinafter 'WP' for the sake of brevity) but made a plea to preserve all the rights and contentions of the writ petitioners for filing a civil suit with regard to the same subject matter. Permitted to withdraw and request for preservation of rights acceded to.
and a scanned reproduction of the same is as follows:
Page Nos.2/5
W.P.No.37163 of 2024
Index : Yes / No Neutral Citation : Yes / No mmi
Page Nos.3/5
W.P.No.37163 of 2024
To
M.SUNDAR, J.,
Page Nos.4/5
W.P.No.37163 of 2024
and K.RAJASEKAR, J.,
mmi
W.P.No.37163 of 2024
11.12.2024
Page Nos.5/5
1 provisions across 1 enactments
Shaila Krishna Reddy
B.Santhosh
The District Collector, Krishnagiri District
The Sub Collector, Hosur
The Thasildhar, Hosur
Muniraj
M.SUNDAR
K.RAJASEKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
