Smt. J.Sivakumari v. The Divisional Engineer/Operattion/Town.

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.23506 of 2012 04.06.2015 Between:

Smt.J.Sivakumari

...Petitioner

And The Divisional Engineer/Operation/town, Chittoor and another

...Respondents

Counsel for the petitioner: Mr.V.Eswaraiah Chowdary Counsel for respondents: None appeared The Court made the following:

ORDER:

This writ petition is filed for a mandamus to declare the action of respondent No.2 in not releasing power supply to 5th floor of the petitioner's building bearing H.No.6-1-2, Sy.No.41/1, Chennareddy Colony, Tirupati town, as illegal and arbitrary. At the hearing, Mr.V.Eswaraiah Chowdary, learned counsel for the petitioner, submitted that his client filed O.S.No.245 of 2011 on the file of learned III Additional District Judge, Tirupati, against the Municipal Corporation, Tirupati, relating to the same subject matter and that the same is pending. In view of the pendency of the aforesaid suit, the learned counsel for the petitioner requested for permission of the Court to withdraw the writ petition with liberty to the petitioner to pursue the said suit and to approach the respondents for release of power supply depending on the outcome of the said suit.

Accordingly, the Writ Petition is dismissed as withdrawn, without adjudicating the same on merits, with liberty to the petitioner in terms of the prayer made. As a sequel to dismissal of the writ petition, W.P.M.P.Nos.30040 and 34992 of 2012 filed by the petitioner for interim relief and for receiving additional documents shall stand dismissed as infructuous.

__________________________ C.V.NAGARJUNA REDDY, J 04th June, 2015 GHN