P.Govindasamy Vs the Secretary to Government

issue a Writ of Mandamus, directing the respondents 4 to 6 herein to implement the orders of the 5th respondent by their notification Na.Ka.A2/164/2024 dated 31.08.2024 and to take action to remove the encroachment made by the 7th respondent in the Village Panchayat Road, which is in the entrance of his house and there he constructed bathroom and planted trees comprised in Survey No.43, as per the revenue records in Sathamangalam Village, Marakkanam Taluk, Villupuram District.

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For Petitioner : Mr.R.Agilesh

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Page Nos.2/6

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

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W.P.No.5575 of 2025

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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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After some arguments, Mr.R.Agilesh, learned counsel on record for

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writ petitioner sought leave of this Court to withdraw the captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity, convenience and clarity} but made a plea to preserve all rights and contentions of writ petitioner qua O.S.No.78 of 2024 on the file of the Additional District Munsif Court, Tindivanam. To be noted, writ petitioner is D5 in O.S.No.78 of 2024. Learned counsel submits that writ petitioner in his capacity as D5 has already taken out an application under Order VII Rule 11 Sub-Rule (d) of the Code of Civil Procedure, 1908 (5 of 1908) seeking rejection of plaint inter alia on the ground that there is specific plaint averment that the suit property belongs to the Government. We express no opinion on the same, as the matter will now fall for consideration before learned Additional District Munsif, Tindivanam.

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2. Learned counsel for writ petitioner has made an endorsement in the case file and a scanned reproduction of the same is as follows:

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Page Nos.3/6

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W.P.No.5575 of 2025

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3. In the light of the narrative thus far, captioned WP is disposed of as closed / withdrawn albeit with preservation of rights in the aforesaid manner qua O.S.No.78 of 2024 and with a further observation that learned Additional District Munsif shall now proceed with the rejection of plaint application therein on its own merits and in accordance with law untrammeled by this withdrawal / order. There shall be no order as to costs.

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[M.S.,J.] [K.G.T.,J.] 19.02.2025

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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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Page Nos.4/6

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

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W.P.No.5575 of 2025