R.Venkatesan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:13.09.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE N.SESHASAYEE W.P.No.24378 of 2017 R.Venkatesan ..

Petitioner Vs 1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai 600 003.

2. The Regional Deputy Commissioner (Central), Zone IX, Division 123, Corporation of Chennai, Shenoy Nagar, Chennai 600 030.

3. The Executive Engineer, Zone IX, Division 123, Corporation of Chennai, Nungambakkam, Chennai 600 034.

4. The Assistant Engineer, Division 123, Corporation of Chennai, Thiruvallur Salai, Chennai 600 018

5. V.Vendan

6. Bhuvaneshwari @ Selvi Respondents 5 & 6 are residing at Old No.84, New No.12, Ramalingashwarar Koil Street, Vanniya Teynampet, Chennai 600 018.

..

Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 4 to take action on my representation dated 23.02.2017, in respect of illegal and unauthorized construction put up by the fifth and sixth respondents at Old No.84, New No.12, Ramalingeswarar Koil Street, Vanniya Teynampet, Chennai 600 018. For Petitioner : Mr.H.Adaikala Arokiaraj For R1 to R4 : Mr.K.Soundararajan Standing Counsel

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.] After some arguments, the learned counsel for the petitioner, on instructions, seeks the permission of this Court to withdraw this writ petition, with a liberty to avail the common law remedy which includes invocation of Order 39 Rule 2A of Civil Procedure Code and also made an endorsement to that effect. Heard the submissions of Mr.K.Soundararajan, learned Standing Counsel appearing on behalf of respondents 1 to 4.

In view of the submission and endorsement made by the learned counsel appearing for the petitioner, this writ petition is dismissed as withdrawn. Liberty sought for by the petitioner, is granted. No costs.

[M.S.N., J.,] [N.S.S., J] 13.09.2017 Internet :

Yes rka Note : Issue order copy on 20.09.2017 To 1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai 600 003.

2. The Regional Deputy Commissioner (Central), Zone IX, Division 123, Corporation of Chennai, Shenoy Nagar, Chennai 600 030.

3. The Executive Engineer, Zone IX, Division 123, Corporation of Chennai, Nungambakkam, Chennai 600 034.

4. The Assistant Engineer, Division 123, Corporation of Chennai, Thiruvallur Salai, Chennai 600 018

M.SATHYANARAYANAN, J., and N.SESHASAYEE, J., rka WP.NO.24378/2017 13.09.2017