Case Note & Summary
The petitioner, K. Arumugam, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of Madras High Court, seeking a Writ of Mandamus to direct respondents 1 to 5 (District Collector, Revenue Divisional Officer, Deputy Superintendent of Police, Tahsildar, and Executive Officer of Vadugapatti Town Panchayat) to remove an alleged encroachment by respondents 6 and 7 (B. Arumugam and S. Elangovan) in a public passage in 12th Ward Survey No. 2576/42, Vadugapatti, Periyakulam Taluk, Theni District. The petitioner had made a representation dated 27.03.2022 to the authorities. However, on the date of hearing, the learned counsel for the petitioner, Mr. Y. Sasikumar, circulated a letter dated 23.01.2025 to the Registry seeking permission to withdraw the writ petition. The court, comprising Justice M.S. Ramesh and Justice A.D. Maria Clete, recorded the request and dismissed the writ petition as withdrawn. No order as to costs was passed. The judgment is brief, with no detailed analysis of the merits, as the petition was withdrawn at the outset.
Headnote
A) Constitutional Law - Writ of Mandamus - Withdrawal of Petition - Petitioner sought removal of encroachment in public passage - Counsel sought permission to withdraw the petition - Court dismissed the petition as withdrawn with no order as to costs (Paras 1-2).
Issue of Consideration
Whether the writ petition seeking removal of encroachment should be allowed or dismissed as withdrawn.
Final Decision
Writ petition dismissed as withdrawn. No order as to costs.
Law Points
- Withdrawal of writ petition
- No order as to costs
