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N.Senthil Kumar vs Ansari

Madras High Court|23 June, 2017

JUDGMENT / ORDER

(Order of the Court was made by M.SATHYANARAYANAN,J.) The Court heard the submissions of the learned counsel appearing for the petitioner and also perused the materials placed before it.
2. The learned counsel for the petitioner would submit that the petitioner constrained to approach this Court to remove the encroachment as well as demolition of unauthorised constructions put up by respondents 2 to 110 in D.S.No.198 measuring 1 acre 83 cents situated at Thillai Amman Thidal, Vadaku Vaduga Street, Chidambaram, Cuddalore District for the reason that alternative remedy available under Section 78 of the HR & CE Act is not the efficacious remedy.
3. This Court is of the view that the remedy available to the petitioner, if any, is to invoke Section 78 of the Hindu Religious & Charitable Endowments Act, 1959.
4. At this juncture, after advancing arguments for some time, the learned counsel for the petitioner, on instruction, seeks permission of this Court to withdraw the writ petition. He has also made an endorsement to that effect.
5. The writ petition is dismissed as withdrawn. However, if the petitioner is so advised, he is at liberty to work out his remedy in accordance with law before the competent forum. No costs.
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Title

N.Senthil Kumar vs Ansari

Court

Madras High Court

JudgmentDate
23 June, 2017