Facts
Eleven petitioners filed a writ petition under Article 226 seeking a declaration that specified provisions of the Tamil Nadu Acquisition of Lands for Industrial Purposes Act, 1997, were unconstitutional, and consequential relief restraining acquisition-related work.
Source reference: p. 4At the hearing, petitioners’ counsel sought leave to withdraw the petition with liberty to file a fresh writ petition.
Source reference: p. 5Issues
1. Whether the petitioners could withdraw the writ petition with liberty to file a fresh writ petition.
Source reference: p. 52. What orders should be made on the pending applications for joining the petitioners in one writ petition and for interim relief.
Source reference: p. 5Law Applied
The petition was brought under Article 226 of the Constitution, but the Court did not decide any substantive constitutional or statutory question.
Source reference: p. 4–5The order records no legal test, precedent, or rule governing withdrawal; it gives effect to counsel’s request to withdraw the petition with liberty to file afresh.
Source reference: p. 4–5Reasoning
The Court did not examine the validity of the challenged provisions or the merits of the requested restraint. It accepted the petitioners’ request to withdraw with liberty to institute a fresh writ petition.
Source reference: p. 5It also ordered the application seeking permission for the petitioners to join together, noting that separate court fees had been paid, and dismissed the other interim application consequentially.
Source reference: p. 5Holding
The writ petition was dismissed as withdrawn, with liberty to the petitioners to file a fresh writ petition; there was no order as to costs.
The application to permit the petitioners to join together was ordered, and the other interim application was dismissed.
Source reference: p. 5Acts & Sections Cited
5 provisions across 1 statute referred to in this judgment. Linked provisions open on LawLens.
Tamil Nadu Acquisition of Land for Industrial Purposes Act, 19975
Original Court PDF
S.MARY STELLAvsThe Secretary
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