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Revimaniyen .S.K Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

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Madras HC
2025
Revimaniyen .S.K Vs The District CollectorRevimaniyen .S.K v. The District Collector

Dismissed¶22

Revimaniyen .S.K v. The District Collector

Madras HC6 Jan 2025WP(MD)/2906/2024

Case brief

AI extract

What is this about?

W.P.(MD) No.2906 of 2024, Madurai Bench of Madras High Court, decided 06.01.2025 by N.Mala, J. (connected W.M.P.(MD) No.2912 of 2024). Petitioner S.K.Revimaniyen sought a writ of mandamus under Article 226 of Constitution of India directing the District Collector (Kanyakumari), the Competent Authority and Special District Land Revenue Officer (Land Acquisition - National Highways 47-B, Thovalai Taluk), the Special Tahsildar (Land Acquisition NHAI, Tovalai Taluk) and the Project Director, NHAI, to reconvey and deliver 3 Acres 86 Cents in S.No.360/3, 360/6, 360/9, 361/7, 361/8, 361/9, 364/5, 365/5, 365/4 of Thirupathisaram Revenue Village, Nagercoil, based on his representation dated 22.04.2023. Counsel withdrew the petition with an endorsement; the writ petition was dismissed as withdrawn with liberty to file a fresh writ petition, no costs, and the connected miscellaneous petition was closed. Withdrawal before adjudication: no ratio, no cases cited, no quantum. Advocates: N.Karthik Kannan for R.Ganesan (petitioner); R.Raghavendran, Government Advocate (Civil Side) (R1-R3); Su.Srinivasan (R4).

What did the court decide?

Liberty to the petitioner to file a fresh Writ Petition; no costs; connected Miscellaneous Petition (W.M.P.(MD) No.2912 of 2024) closed. ¶22

What the court decided

AI extract

Outcome

Liberty to the petitioner to file a fresh Writ Petition; no costs; connected Miscellaneous Petition (W.M.P.(MD) No.2912 of 2024) closed.

Issue for consideration

Whether the respondents should be directed by a writ of mandamus to reconvey and deliver the petitioner's landed property measuring 3 Acres 86 Cents in S.No.360/3, 360/6, 360/9, 361/7, 361/8, 361/9, 364/5, 365/5, 365/4 of Thirupathisaram Revenue Village, Nagercoil, Kanyakumari, based on his representation dated 22.04.2023.

Key takeaways

On the petitioner's counsel seeking permission to withdraw the Writ Petition with liberty to file a fresh Writ Petition (an endorsement to that effect being made), the Court recorded the same and dismissed the Writ Petition as withdrawn with such liberty, with no costs, and closed the connected Miscellaneous Petition.¶22

Detailed headnote1 paragraphs

Mandamus under Article 226 of the Constitution of India seeking reconveyance and delivery of the petitioner's landed property of 3 Acres 86 Cents in S.No.360/3, 360/6, 360/9, 361/7, 361/8, 361/9, 364/5, 365/5, 365/4 of Thirupathisaram Revenue Village, Nagercoil, Kanyakumari, based on his representation dated 22.04.2023, directed against the District Collector, the Competent Authority and Special District Land Revenue Officer (Land Acquisition - National Highways 47-B), the Special Tahsildar (Land Acquisition NHAI) and the Project Director, NHAI. When the matter was taken up for hearing, learned counsel for the petitioner sought permission to withdraw the Writ Petition with liberty to file a fresh Writ Petition and made an endorsement to that effect. Recording the same, the Court (N.Mala, J.) dismissed the Writ Petition as withdrawn with liberty to file a fresh Writ Petition, with no costs, and closed the connected Miscellaneous Petition (W.M.P.(MD) No.2912 of 2024). No substantive issue was adjudicated and no precedent was considered.

A

W.P.(MD) No.2906 of 2024

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 06.01.2025

CORAM

THE HON'BLE MRS. JUSTICE N.MALA

W.P.(MD) No.2906 of 2024 and

W.M.P.(MD) No.2912 of 2024

S.K.Revimaniyen ... Petitioner

Vs.

1.The District Collector,

Office of the District Collector, Kanyakumari District.

2.The Competent Authority and Special District Land Revenue Officer, Land Acquisition - National Highways 47-B, Thovalai Taluk, Kanyakumari District.

3.The Special Tahsildar, Land Acquisition NHAI, Tovalai Taluk, Nagercoil, Kanyakumari District.

4.The Project Director, National Highways Authority of India, Thovalai Taluk, Nagercoil, Kanyakumari District. ... Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of a Writ of Mandamus directing the respondents herein to

https://www.mhc.tn.gov.in/judis ____________ Page No. 1 of 4_

W.P.(MD) No.2906 of 2024

reconvey and delivery the petitioner's landed property of an extent of 3 Acres 86 Cents comprised in S.No.360/3, 360/6, 360/9, 361/7, 361/8, 361/9, 364/5, 365/5, 365/4 of Thirupathisaram Revenue Village, Nagercoil, Kanyakumari based on the petitioner's representation dated 22.04.2023 within a time stipulated by this Court.

For Petitioner : Mr.N.Karthik Kannan for Mr.R.Ganesan For R1 to R3 : Mr.R.Raghavendran Government Advocate (Civil Side) For R4 : Mr.Su.Srinivasan

O R D E R

When this case is taken up for hearing, the learned counsel for the petitioner seeks permission of this Court to withdraw this Writ Petition with liberty to file a fresh Writ Petition. He also made an endorsement to that effect.

Recording the same, this Writ Petition is dismissed as withdrawn

with liberty to the petitioner to file a fresh Writ Petition. No costs. Consequently, the connected Miscellaneous Petition is closed.

06.01.2025

Index: Yes/ No Speaking Order / Non-Speaking Order JEN

https://www.mhc.tn.gov.in/judis ____________ Page No. 2 of 4_

W.P.(MD) No.2906 of 2024

Copy To:

1.The District Collector, Office of the District Collector, Kanyakumari District.

2.The Competent Authority and Special District Land Revenue Officer, Land Acquisition - National Highways 47-B, Thovalai Taluk, Kanyakumari District.

3.The Special Tahsildar, Land Acquisition NHAI, Tovalai Taluk, Nagercoil, Kanyakumari District.

4.The Project Director, National Highways Authority of India, Thovalai Taluk, Nagercoil, Kanyakumari District.

https://www.mhc.tn.gov.in/judis ____________ Page No. 3 of 4_

W.P.(MD) No.2906 of 2024

N.MALA, J.

JEN

W.P.(MD) No.2906 of 2024 and W.M.P.(MD) No.2912 of 2024

06.01.2025

https://www.mhc.tn.gov.in/judis ____________ Page No. 4 of 4_

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the respondents should be directed by a writ of mandamus to reconvey and deliver the petitioner's landed property measuring 3 Acres 86 Cents in S.No.360/3, 360/6, 360/9, 361/7, 361/8, 361/9, 364/5, 365/5, 365/4 of Thirupathisaram Revenue Village, Nagercoil, Kanyakumari, based on his representation dated 22.04.2023.¶18

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 226¶15

Procedural history

How this case reached the court

AI extract

Prior proceeding
Petitioner made a representation dated 22.04.2023 to the respondents seeking reconveyance of his landed property.¶18
Prior proceeding
Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus to reconvey and deliver 3 Acres 86 Cents in Thirupathisaram Revenue Village, Nagercoil, Kanyakumari.¶15

Parties & counsel

AI extract

petitioner
S.K.Revimaniyen¶8
Mr.N.Karthik Kannan, Mr.R.Ganesan
respondent
The District Collector, Office of the District Collector, Kanyakumari District¶10
Mr.R.Raghavendran, Government Advocate (Civil Side)
respondent
The Competent Authority and Special District Land Revenue Officer, Land Acquisition - National Highways 47-B, Thovalai Taluk, Kanyakumari District¶12
Mr.R.Raghavendran, Government Advocate (Civil Side)
respondent
The Special Tahsildar, Land Acquisition NHAI, Tovalai Taluk, Nagercoil, Kanyakumari District¶13
Mr.R.Raghavendran, Government Advocate (Civil Side)
respondent
The Project Director, National Highways Authority of India, Thovalai Taluk, Nagercoil, Kanyakumari District¶14
Mr.Su.Srinivasan

Coram

AI extract

N.MALAauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 6 Jan 2025 · January
Registered: 8 Feb 2024
Case no.: WP(MD)/2906/2024
CNR: HCMD010139152024
Topic: Writ and Judicial Review
Bench: N. Mala
Disposal: WITHDRAWN DISMISSED
Case type: W.P.(MD)

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Cite this judgement

Revimaniyen .S.K v. The District Collector, WP(MD)/2906/2024 (MAD), decided on 6 January 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Constitution of IndiaArticle 226

View all statutes

Procedural history2

Petitioner made a representation dated 22.04.2023 to the respondents seeking reconveyance of his landed property.
Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus to reconvey and deliver 3 Acres 86 Cents in Thirupathisaram Revenue Village, Nagercoil, Kanyakumari.

View full history

Bench / Coram

N.MALA

Parties & counsel