P.Thirumurthy v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.06.2019

CORAM:

THE HON'BLE MR. JUSTICE P.D.AUDIKESAVALU W.P. No. 7376 of 2019 Mr.P.Thirumurthy ... Petitioner Vs.

The Tahsildar, Tahsildar Office, Aynavaram Circle, Chennai - 600 102.

... Respondent Prayer:- Writ petition filed under Article 226 of Constitution of India, seeking for a Writ of Mandamus, directing the respondents to issue enjoyment certificate or Patta in the name of the petitioner for the property in Old No.106/1, New No.68, Dr.Ambedkar Nagar, 2nd Street, Aynavaram, Chennai - 600 023. For Petitioner : Mr.N.Doraikannan For Respondents : Mr.E.Neelakandan Government Advocate

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, which require to be decided after recording of evidence of the parties on their rival contentions, 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 impleading necessary parties 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.

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2.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar maya To The Tahsildar, Tahsildar Office, Aynavaram Circle, Chennai - 600 102.

+1 cc to the Government Pleader, S.R.No.54110 W.P. No. 7376 of 2019 VG-I(CO) SSM(26/07/2019).

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