Madras High Court Dismisses Writ Petitions as Withdrawn in Land Measurement Dispute — Petitioners Sought Re-measurement of Property but Withdrew Petitions. No Order as to Costs.

High Court: Madras High Court
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Case Note & Summary

The petitioners, Thangammal and Manikandan, filed two writ petitions before the Madurai Bench of the Madras High Court under Article 226 of the Constitution of India. They sought a writ of certiorarified mandamus to quash an order dated 05.12.2024 passed by the third respondent, the Tahsildar of Vedasandhur Taluk, in Na.Ka.No.1168/2024/A3, insofar as it concerned them, and to direct the third respondent to consider their representations dated 20.11.2024 and 25.11.2024 for re-measurement of their property in S.F.No.383/38 and 383/39. The respondents were the District Collector, Dindigul District; the Revenue Divisional Officer, Palani; and the Tahsildar, Vedasandhur Taluk. At the hearing, the learned counsel for the petitioners, Mr. S. Gokulraj, sought permission to withdraw the writ petitions and made an endorsement to that effect in the court bundles. Recording the withdrawal, the court dismissed the writ petitions as withdrawn with no order as to costs. Consequently, the connected miscellaneous petitions were closed. The judgment was delivered by a division bench comprising Justice M.S. Ramesh and Justice A.D. Maria Clete on 07.01.2025.

Headnote

A) Writ Law - Withdrawal of Petition - Dismissal as Withdrawn - Petitioners sought writ of certiorarified mandamus to quash order and direct re-measurement of property - Counsel sought permission to withdraw petitions - Court dismissed petitions as withdrawn with no order as to costs (Paras 1-2).

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Issue of Consideration

Whether the petitioners are entitled to re-measurement of their property as per their representations.

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Final Decision

Writ petitions dismissed as withdrawn. No order as to costs. Connected miscellaneous petitions closed.

Law Points

  • Withdrawal of writ petition
  • No order as to costs
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Case Details

2025 LawText (MAD) (01) 361

W.P.(MD)Nos.31349 & 31350 of 2024 and W.M.P.(MD)Nos.26244 & 26262 of 2024

2025-01-07

M.S.RAMESH, A.D.MARIA CLETE

Mr.S.Gokulraj (for petitioner), Mr.S.R.A.Ramachandran (Additional Government Pleader for respondents)

Thangammal (in W.P.(MD)No.31349/2024), Manikandan (in W.P.(MD)No.31350/2024)

1. The District Collector, Dindigul District, Dindigul. 2. The Revenue Divisional Officer, Palani, Dindigul District. 3. The Tahsildar, Vedasandhur Taluk, Vedasandur, Dindigul District.

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Nature of Litigation

Writ petitions under Article 226 of the Constitution of India seeking writ of certiorarified mandamus to quash an order and direct re-measurement of property.

Remedy Sought

Petitioners sought to quash the impugned order dated 05.12.2024 of the third respondent and to direct the third respondent to consider their representations for re-measurement of property.

Filing Reason

Petitioners were aggrieved by the order of the Tahsildar and sought re-measurement of their property in S.F.No.383/38 & 383/39.

Issues

Whether the petitioners are entitled to re-measurement of their property as per their representations.

Submissions/Arguments

Counsel for petitioners sought permission to withdraw the writ petitions.

Ratio Decidendi

The court allowed the withdrawal of the writ petitions as requested by the petitioners' counsel and dismissed them as withdrawn.

Judgment Excerpts

Learned Counsel for the petitioner seeks permission of this Court to withdraw the present Writ Petitions. Recording the same, these Writ Petitions are dismissed as withdrawn. There shall be no order as to costs.

Procedural History

Petitioners filed writ petitions on an unspecified date. On 07.01.2025, the court heard the matter and dismissed the petitions as withdrawn.

Acts & Sections

  • Constitution of India: Article 226
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