Madras High Court Dismisses Writ Petition as Withdrawn in Panchayat Office Construction Dispute — Petitioner Sought Mandamus to Restrain Construction on Survey No. 151. Court Permits Withdrawal Without Adjudicating Merits, No Order as to Costs.

High Court: Madras High Court
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Case Note & Summary

The petitioner, P. Balakrishnan, 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 respondents (District Collector, Revenue Divisional Officer, Block Development Officer, Village Secretary, and Village President) not to construct a new panchayat office building in Survey No. 151 situated in Veeraperumalpuram Village, Kallikudi Block, Thirumangalam Taluk, Madurai District, based on his representation dated 10.12.2024. The matter came up for hearing before a Division Bench comprising Justice M.S. Ramesh and Justice A.D. Maria Clete. At the hearing, the counsel for the petitioner sought permission to withdraw the writ petition and made an endorsement to that effect in the court bundle. The court recorded the withdrawal and dismissed the writ petition as withdrawn, with no order as to costs. The judgment is brief, consisting of only two paragraphs, and does not delve into the merits of the case. The court did not issue any directions or make any observations regarding the construction of the panchayat office. The petition was simply withdrawn by the petitioner at the initial stage.

Headnote

A) Writ Law - Withdrawal of Petition - Permission to Withdraw - Petitioner sought permission to withdraw the writ petition filed under Article 226 of the Constitution of India seeking a mandamus to restrain construction of a panchayat office building - Court permitted withdrawal and dismissed the petition as withdrawn - Held that no order as to costs is necessary (Paras 1-2).

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Issue of Consideration

Whether the petitioner is entitled to withdraw the writ petition seeking a mandamus to restrain construction of a panchayat office building.

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Final Decision

Writ Petition dismissed as withdrawn. No order as to costs.

Law Points

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

2025 LawText (MAD) (01) 368

W.P.(MD)No.4 of 2025

2025-01-07

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

Mr.S.P.Naveenkumar (for petitioner), Mr.P.Thilak Kumar (for respondents 1 to 3)

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Nature of Litigation

Writ petition under Article 226 of the Constitution of India seeking a writ of mandamus.

Remedy Sought

Petitioner sought a direction to respondents 1 to 4 not to construct a new panchayat office building in Survey No. 151, Veeraperumalpuram Village, based on his representation dated 10.12.2024.

Filing Reason

Petitioner wanted to restrain the construction of a panchayat office building on a particular survey number.

Issues

Whether the petitioner should be permitted to withdraw the writ petition.

Submissions/Arguments

Counsel for petitioner sought permission to withdraw the writ petition and made an endorsement to that effect.

Ratio Decidendi

A petitioner is entitled to withdraw a writ petition at any stage before final adjudication, and the court may permit such withdrawal without costs.

Judgment Excerpts

Learned Counsel for the petitioner seeks permission of this Court to withdraw the present Writ Petition. He has also made an endorsement to that effect in the Court bundle. Recording the same, this Writ Petition is dismissed as withdrawn. There shall be no order as to costs.

Procedural History

The writ petition was filed on an unspecified date and came up for hearing before the Division Bench on 07.01.2025, when the petitioner sought and was granted permission to withdraw the petition.

Acts & Sections

  • Constitution of India: Article 226
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High Court Madras High Court Dismisses Writ Petition as Withdrawn in Panchayat Office Construction Dispute — Petitioner Sought Mandamus to Restrain Construction on Survey No. 151. Court Permits Withdrawal Without Adjudicating Merits, No Order as to Costs.