Indian Christian Mission Centre v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 1786 of 2020 Indian Christian Mission Centre (ICMC Trust) Poovanur Village Ayothiyapattinam Panchayat Union Salem District Pin - 636 122 Represented by its Managing Trustee Rev. Dr.S.Jayaraj Krishnan ... Petitioner Vs.

1. The Secretary to Government Rural Development and Local Administration Department Government of Tamil Nadu Fort St. George Chennai - 600 009.

2. The District Collector

3. The Block Development Officer Ayothayapattinam Panchayat Union

4. The Special Officer /Executive Authority Poovanur Village Panchayat Ayothiya Pattinam Panchayat Union Salem District ... Respondents Petition filed under Article 226 of the Constitution of India, for issue of Writ of Mandamus, directing the Respondents herein to desist, abstain or refrain from constructing a wall, barrier or fence in front of the petitioner's trust buildings entrance, its sponsored orphanage and institutions or its main gate with view to preventing the students from pursuing their studies by passing order on the petitioner's representation dt. 04/12/2019.

For Petitioner :

Mr. Manoharan Sundaram For Respondents :

Mr. R.Venkatesh (For R1 & R2) Government Advocate Mr. M.Digvijay Pandian (For R3 & R4) Additional Government Pleader 1/3

O R D E R

When it is pointed out that the nature of grievance sought to be ventilated by the Petitioner in the Writ Petition involves disputed question of fact, viz-a-viz, the rights of the Petitioner and the Third and Fourth Respondents in respect of access to property, which has to be decided after recording of evidence of the parties on rival contentions and could not be redressed by invoking the public law remedy following summary procedure under Article 226 of the Constitution, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to institute suit before the jurisdictional Civil Court for effectual and complete adjudication of the matter and he has made an endorsement to that effect, which is recorded.

2.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar maya To

1. The Secretary to Government Rural Development and Local Administration Department Government of Tamil Nadu Fort St. George Chennai - 600 009.

2. The District Collector

3. The Block Development Officer Ayothayapattinam Panchayat Union 2/3

4. The Special Officer /Executive Authority Poovanur Village Panchayat Ayothiya Pattinam Panchayat Union +1 cc to Mr.M.Dig vijayapandian Advocate sr6803 +1 cc to M/s.Government Pleader sr7692 W.P. No. 1786 of 2020 bs(co) aa24/02/2020 3/3