Madras High CourtWP/22224/2017withdrawn dismissed

S. Nagarajan v. The Commissioner

2017-08-21Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.08.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.22224 of 2017 & W.M.P.No.23254 of 2017

1. S.Nagarajan 2.K.Ramachandran ... Petitioners Vs.

1.The Commissioner, H.R. & C.E. Admn. Department, Cennai-34.

2.The Joint Commissioner, H.R. & C.E. Admn. Department, Salem.

3.D.Jeganathan 4.D.Ravichandran 5.J.Giridharan ... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorari to call for the records pertaining to the order passed by the first respondent in Rc.No.53339/2016 D2 dated 30.01.2017 and quash the same, consequently, issue direction to the first respondent to dispose the revision petition filed by the petitioners, challenging the order of the 2nd respondent dated 23.10.2015 passed in M.P.No.13 of 2014/Aa1, in accordance with law. For Petitioners : Mr.R.Marudhachalamurthy For Respondents : Mr.M.Maharaja, 1 & 2 Special Government Pleader (H.R. & C.E.)

O R D E R

When the writ petition is taken up for admission, Mr. M.Maharaja, learned Special Government Pleader, takes notice for respondents 1 and 2 and submitted that the petitioner has got remedy by way of an appeal before the Secretary to the Government.

2. In view of the submission made by the learned Special Government Pleader, the learned counsel appearing for the petitioner seeks permission of this Court to withdraw the https://hcservices.ecourts.gov.in/hcservices/

above writ petition with liberty to file an appeal as against the impugned order dated 30.01.2017 passed by the first respondent before the Secretary to the Government. He has also made an endorsement to that effect.

3. Considering the above submission and endorsement, the writ petition is dismissed as withdrawn. It is open to the petitioner to challenge the impugned order passed by the first respondent, the Commissioner, H.R. & C.E. Administration Department, Chennai, before the Secretary to the Government, in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar raa To

1. The Commissioner, H.R. & C.E. Admn. Department, Chennai-34.

2. The Joint Commissioner, H.R. & C.E. Admn. Department, Salem.

+1 CC to Mr.R. Marudhachalamurthy, Advocate sr 60116. +1 Cc to Govt. Pleader sr 60819.

W.P.No.22224 of 2017 SP(06/09/2017) https://hcservices.ecourts.gov.in/hcservices/