Writ petition against a municipal demolition/eviction order was withdrawn with liberty to file a civil suit; all rights and contentions preserved and WMPs closed.
Liberty to file civil suit with rights and contentions preserved; writ petition and WMPs closed, no costs.
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W.P.No.9937 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.11.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.P.No.9937 of 2021 and
W.M.P. Nos.10551 and 10553 of 2021 in W.P. No.9937 of 2021
Muthulakshmi
... Petitioner
Vs.
3.Ponnammal ... Respondents
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to impugned order of the second respondent in Na.Ka.No.2721/2020/F1 dated 05.01.2021 and quash the same, consequently forbear the second respondent from dispossessing,
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evicting and demolishing the petitioner's house in Survey No.53, T.S.No.54 situated at Door No.2, Ponnammal Layout, Velan Nagar, Udumlaipettai, Thiruppur District – 642 126.
For Respondents : Mr.M.S.Arasakumar, Govt. Advocate for R1 Mr.M.Harish Kumar for R3 No appearance for R2
ORDER
[Order of the Court was made by M.SUNDAR, J .,]
Mr.R.Rajeshkrishnan, learned counsel for sole writ petitioner is before us. Mr.M.S.Arasakumar, learned Government Advocate for R1 (District Collector, Thirupur District) and Mr.M.Harish Kumar, learned counsel for R3 (Ms.Ponnammal, W/o.Mr.Palaniappan) are before this Court. R2 has entered appearance through a counsel (Mr.P.Srinivas
and his co-counsel) and name of the counsel is duly shown in the cause list but there is no representation for R2 (Commissioner, Udumalaipettai Municipality) either in physical Court or on VC (video conferencing) platform (to be noted, this is a hybrid hearing, which is a regular/routine/daily feature in this Court).
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W.P.No.9937 of 2021
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W.P.No.9937 of 2021
preserving all the rights and contentions of the writ petitioner to file a civil suit, if so desired and if so advised. Though obvious we make it clear that if a civil suit is filed, the Court concerned shall deal with the same on its own merits and in accordance with law untrammelled by this order. Consequently, captioned 'Writ Miscellaneous Petitions' ('WMPs' for brevity) are disposed of as withdrawn/closed. There shall be no order as to costs.
Index : Yes / No Neutral Citation : Yes / No mmi
To
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W.P.No.9937 of 2021
M.SUNDAR, J., and K.RAJASEKAR, J.,
mmi
W.P.No.9937 of 2021
04.11.2024
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1 provisions across 1 enactments
Muthulakshmi
The District Collector, Thirupur, Thirupur District
The Commissioner, Udumalpettai Municipality
Ponnammal
M.Sundar
K.Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
