S.Radhika v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.07.2019
CORAM
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No. 20714 of 2019 and W.M.P. No. 19878 of 2019 Mrs. S. Radhika ... Petitioner -Vs1. The Secretary to Government, Secretariat, Chennai - 600 009.
2. The Joint Director,
3. The Deputy Director,
4. The District Collector, Office of the the District Collector, Osur Road,
5. The Principal, Coimbatore Medical College and Hospital,
6. The Medical Officer, Madukkarai Government Hospital, Madukkarai, ... Respondents
Prayer :
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the Sixth Respondent to pay a compensation of Rs.20,00,000/- to the Petitioner for the failure of sterilization operation.
For Petitioner : Mr. S. Saravanan For Respondents : Mr. M. Karthikeyan, Additional Government Pleader
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 falls within the realm of disputed question of facts, which require to be decided after recording of evidence of the parties on their 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 impleading necessary parties before the jurisdictional Civil Court for the effectual and complete adjudication of the matter. He has also 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Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty.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/- Assistant Registrar(insp cell) //True Copy// Sub Assistant Registrar vji To
1. The Secretary to Government, Secretariat, Chennai - 600 009.
2. The Joint Director,
3. The Deputy Director,
4. The District Collector, Office of the the District Collector, Osur Road,
5. The Principal, Coimbatore Medical College and Hospital,
6. The Medical Officer, Madukkarai Government Hospital, Madukkarai, +1cc to Mr.Saravanan , Advocate SR.No. 62126 +1 cc to Government Pleader Sr.No. 62359 W.P. No. 20714 of 2019 A.SK(26/08/2019)