S.Namagiri Lakshmi Vs the District Collector

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to remove all encroachments, unauthorised constructions, ramps and gates put up in Corporation Road, Bharathi Street, New Fairlands, Salem as per the Town Survey records of the year 1980.

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For Petitioner : Mr.N.Palanikumar For Respondents : Mr.M.S.Arasakumar Government Advocate for R1, R4 and R5 Ms.N.Devi Standing Counsel, for R2 and R3

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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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When the matter was taken up, Mr.N.Palanikumar, learned counsel on

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record for writ petitioner, Mr.M.S.Arasakumar, learned Government Advocate for R1, R4 and R5, Ms.N.Devi, learned Standing Counsel for R2 and R3 and Ms.D.Jeevitha, learned counsel for implead petitioners in W.M.P.No.33782 of 2024 in W.P.No.25000 of 2024 were before us.

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2. Learned counsel on record for writ petitioner sought leave of this

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

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W.P.No.25000 of 2024

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Court to withdraw the captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity, convenience and clarity}. Learned counsel for writ petitioner submitted that a suit in O.S.No.55 of 2024 filed by one P.Giridharan in which, both writ petitioner (Ms.S.Namagiri Lakshmi) and implead petitioners are parties, is pending on the file of III Additional District Munsif Court, Salem and that the suit pertains to the same property which is the subject matter of captioned WP. Learned counsel requested this Court to preserve all rights and contentions of parties to workout their remedies in the civil suit. Saying so, learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows:

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3. Learned counsel for implead petitioners also submitted that parties

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W.P.No.25000 of 2024

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can work out their remedies in the civil suit.

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4. In the light of the narrative thus far, captioned WP is disposed of as closed / withdrawn albeit with preservation of rights and contentions of writ petitioner, implead petitioners and all other parties in O.S.No.55 of 2024 on the file of III Additional District Munsif Court, Salem. Though obvious, we make it clear that the Civil Court shall proceed with the matter on its own merits and in accordance with law untrammeled by this order / withdrawal. Consequently, implead petition is closed. There shall be no order as to costs.

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Index : Yes / No Neutral Citation : Yes / No Speaking order / Non-speaking order

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mk

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W.P.No.25000 of 2024

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To