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2026 Supreme(Online)(Mad) 89553
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M. Dhandapani, N. Dilip Kumar, JJ
K. Sabarinathan – Appellant
Versus
District Collector – Respondent
W.P(MD)No.25805 of 2026
Advocates:
For the Appellants/Petitioners: B. Rajasekar
For the Respondents: M. Mahaboob Athiff
For the Appellants/Petitioners: B. Rajasekar
For the Respondents: M. Mahaboob Athiff
A writ petition seeking removal of encroachment may be withdrawn by the petitioner with liberty to approach a competent civil court for adjudication of the dispute.
Headnote:(A) Writ Jurisdiction - Mandamus - Encroachment - Withdrawal of petition - Petitioner seeking liberty to approach civil court for resolution of property dispute is permissible. (Para 2)
Issues: Whether the petitioner can withdraw the writ petition with liberty to approach the civil court.
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 3 to evict the and remove the illegal encroachment made by the respondent no. 4 from the petitioners property comprised in Survey No. 88/4 and the common pathway (13 0 wide East - West Pathway) leading to Survey No. 87/ situated at Kundoor Village, Thiruverumbur Taluk, Tiruchirappalli District based on Tahsidlar reportand restore peaceful possession of the same of the petitioner.
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O R D E R
(Order of the Court was made by M.DHANDAPANI, J.)
The learned counsel appearing for the petitioner seeks permission of this Court to withdraw the present Writ Petition with liberty to approach the competent civil Court.
2.Recording the submission and granting such liberty, this Writ Petition is dismissed as withdrawn. No costs.
