Jal Vayu Vihar Owners Association v. Air Force Naval

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 14018 of 2019 and W.M.P. No. 14074 of 2019 Jal Vayu Vihar Owners' Association, Represented by its President, S. Peter Amalraj, Jal Vayu Vihar, Textool Feeder Road, Ganapathy, Coimbatore - 641 006.

... Petitioner -vs1. Air Force Naval Housing Board, Represented by Air Vice-Marshal/ Director General, Air Force Station Race Course, New Delhi - 110 003.

2. The Registrar of Societies, Collectorate, Coimbatore - 641 018.

3. The President, Row House Owners' Association, Air Force Naval Housing Enclave, Textool Feeder Road, Athipalayam Pirivu, Ganapathy, Coimbatore - 641 006.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to the impugned communication issued in Ref. No. AFNHB/ADM/1174, dated 28.02.2019 by the First Respondent herein and quash the same.

For Petitioner :

Mr. Govi Ganesan .K For Respondents:

Mr. J. Madhanagopal Rao (For R1) Central Government Standing Counsel Mr. T. M. Pappiah (For R2) Special Government Pleader No appearance (For R3) 1/2 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The Writ Petition challenges the order dated 28.02.2019 passed by the First Respondent in Ref. No. AFNHB/ADM/1174. 2.

Since the First Respondent is not a 'State' for the purpose of Article 12 of the Constitution of India, 1950, Learned Counsel appearing for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to challenge the impugned order before proper forum in the manner recognized by law and he has made an endorsement to that effect, which is recorded.

3.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty.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

Sd/- Asst.Registrar (CS VIII) /true copy/ Sub Asst. Registrar gsa To

1. The Air Vice-Marshal/Director General, Air Force Naval Housing Board, Air Force Station Race Course, New Delhi - 110 003.

2. The Registrar of Societies, Collectorate, Coimbatore - 641 018.

+1 cc to Mr.K.Govi Ganesan Advocate sr89318 +1 cc to the Government Pleader sr89698 W.P. No. 14018 of 2019 and W.M.P. No. 14074 of 2019 vd(co) aa31/10/2019 2/2 https://hcservices.ecourts.gov.in/hcservices/