R.Thiraviam v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 6727 of 2024 R.Thiraviam ... Petitioner -vs1. The Commissioner, HR & CE Department, Nungambakkam High Road, Chennai - 600 034.

2. The Joint Commissioner, HR & CE Department, Chennai - 600 050.

3. The Executive Officer, Arulmighu Ekambareswarar Thirukkoil, Aminjikarai, Chennai - 600 029.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the First Respondent comprised in order dated 29.01.2024 in RP No. 42 of 2022, quash the same and consequently direct the Respondents to permit the Petitioner to retain about 250 sq. ft. of the premises by paying fair rent by considering representation dated 23.02.2024 pending disposal of revision petition on the file of the First Respondent in R.P. No. 542 of 2022. 1/4

For Petitioner :

Mr. S.Ramesh For Respondents :

Mr. N.R.R.Arun Natarajan, Special Government Pleader

O R D E R

Heard Mr. S.Ramesh, Learned Counsel for the Petitioner and Mr. N.R.R.Arun Natarajan, Learned Special Government Pleader appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition has been filed challenging the interim order dated 29.01.2024 in R.P. No. 542 of 2022 passed by the First Respondent and to consequently direct the Respondents to permit the Petitioner to retain about 250 sq. ft. of the premises by paying fair rent by considering his representation dated 23.02.2024 pending disposal of revision petition in R.P. No. 542 of 2022 before the First Respondent.

3.

Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the right of the Petitioner to seek the 2/4

consequential relief claimed in the pending proceedings in R.P. No. 542 of 2022 before the First Respondent and he has made an endorsement to that effect in the court record.

In the result, the Writ Petition is dismissed as withdrawn with the aforesaid clarification. Consequently, the connected Miscellaneous Petition is closed. No costs.

08.03.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 04.04.2024.

vjt/pal To

1. The Commissioner, HR & CE Department, Nungambakkam High Road, Chennai - 600 034.

2. The Joint Commissioner, HR & CE Department, Chennai - 600 050.

3. The Executive Officer, Arulmighu Ekambareswarar Thirukkoil, Aminjikarai, Chennai - 600 029.

3/4

P.D. AUDIKESAVALU, J.

vjt 08.03.2024 4/4