Madras High Court
Civil Procedure and EvidenceConstitutional Law

Writ petition withdrawn with liberty to file a fresh petition.

S.MARY STELLA vs The Secretary

Madras High CourtJUDGMENT: October 06, 20261 MIN READSOURCE JUDGMENT
Writ petition withdrawn with liberty to file a fresh petition.. S.MARY STELLA vs The Secretary. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

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. 4

At the hearing, petitioners’ counsel sought leave to withdraw the petition with liberty to file a fresh writ petition.

Source reference: p. 5
02

Issues

1. Whether the petitioners could withdraw the writ petition with liberty to file a fresh writ petition.

Source reference: p. 5

2. What orders should be made on the pending applications for joining the petitioners in one writ petition and for interim relief.

Source reference: p. 5
03

Law 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. 4–5

The 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. 4–5
04

Reasoning

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. 5

It 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. 5
05

Holding

The writ petition was dismissed as withdrawn, with liberty to the petitioners to file a fresh writ petition; there was no order as to costs.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. 5
06

Acts & 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

Section 4Section 5Section 6Section 7Section 11
Madras High Court

Original Court PDF

S.MARY STELLAvsThe Secretary

Madras High Court · October 06, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment