Case Note & Summary
The petitioner, C. Murugan, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court, seeking a Writ of Mandamus to direct the Tahsildar, Melur Taluk, Madurai District, to issue patta in respect of three cents of land comprised in S.No.269/2A, situated at Kottampatti Village, Kottampatti Group, Melur Taluk, Madurai District, by considering his representation dated 11.11.2024. At the hearing, the learned counsel for the petitioner sought permission to withdraw the writ petition and made an endorsement to that effect. The court, in view of the request, dismissed the writ petition as withdrawn, granting liberty to the petitioner to file a proper application before the authorities. No costs were imposed. The order was passed by Justice N. Mala on 07.01.2025.
Headnote
A) Constitutional Law - Writ of Mandamus - Withdrawal of Petition - Petitioner sought direction to Tahsildar to issue patta - Court permitted withdrawal and dismissed petition as withdrawn with liberty to file proper application before authorities - Held that no adjudication on merits was made (Paras 1-2).
Issue of Consideration
Whether the writ petition seeking a direction to issue patta should be entertained or dismissed as withdrawn with liberty to file proper application before authorities.
Final Decision
Writ petition dismissed as withdrawn, with liberty to the petitioner to file proper application before the authorities. No costs.
Law Points
- Writ of Mandamus
- Withdrawal of petition
- Liberty to approach authorities
Case Details
2025 LawText (MAD) (01) 518
S.Malaikani (for Petitioner), A.Kannan, Addl.Govt.Pleader (for Respondent)
The Tahsildar, Office of the Tahsildar, Melur Taluk, Madurai District
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a Writ of Mandamus to direct the respondent to issue patta.
Remedy Sought
Petitioner sought direction to the Tahsildar to issue patta in respect of three cents of land in S.No.269/2A, Kottampatti Village, by considering his representation dated 11.11.2024.
Filing Reason
Petitioner's representation for patta issuance was not considered by the Tahsildar.
Issues
Whether the writ petition should be entertained or dismissed as withdrawn with liberty to file proper application before authorities.
Submissions/Arguments
Petitioner's counsel sought permission to withdraw the writ petition and made an endorsement to that effect.
Ratio Decidendi
The court permitted withdrawal of the writ petition without adjudication on merits, granting liberty to the petitioner to approach the authorities with a proper application.
Judgment Excerpts
The learned counsel for the Petitioner seeks permission of this Court to withdraw this Writ Petition and has also made an endorsement to that effect.
In view of the above, the Writ petition is dismissed as withdrawn, with liberty to the Petitioner to file proper application before the authorities. No costs.
Procedural History
The petitioner filed W.P(MD)NO.269 OF 2025 before the Madurai Bench of Madras High Court on an unspecified date. On 07.01.2025, the court dismissed the petition as withdrawn at the request of the petitioner's counsel.
Acts & Sections
- Constitution of India: Article 226
