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Madras High CourtWP/13592/2019withdrawn dismissed

S.Prakash v. The Commissioner

2019-08-22Honourable Mr Justice S. Manikumar,Honourable Mr Justice Subramonium Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.08.2019

CORAM:

THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD WP.No.13592 of 2019 and WMP No.23970 of 2019 Mr.S.Prakash

...Petitioner

-Vs.-

1. The Commissioner, Corporation of Chennai, Park Town, Chennai - 600 003.

2. The Zonal Officer, Corporation of Chennai, Zone VI, Ayanavaram, Chennai - 600 023.

3. The Assistant Engineer, Corporation of Chennai, Division 65, Zone VI, Kolathur, Chennai - 99.

... Respondents Prayer:- WRIT Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents to lay down the road, Subramaniapuram 2nd Street in Block No.9 of No.65, Kolathur Village, Chennai-99, as sought for in representation of the petitioner dated 03.01.2018, 10.04.2018 and in the month of January 2019.

For Petitioner : Mr.S.Venkatesan For Respondents : Mr.K.Soundararajan Standing counsel for Chennai Corpn.

ORDER

(Order of the Court was made by S.MANIKUMAR, J) Mr.S.Prakash S/o.Mr.Sundaram, residing at No.99, 7th Cross Street, Srinivasa Nagar, Kolathur, Chennai-99, has filed the instant writ petition, for a mandamus, directing the Commissioner, Corporation of Chennai, Zonal Officer, Corporation of Chennai, Zone VI, Chennai and Assistant Engineer, Corporation of Chennai, Division 65, Zone VI, Chennai, respondents herein to lay a road, Subramaniapuram 2nd Street in Block No.9 of No.65, Kolathur Village, Chennai-99, as sought for in his representations dated 03.01.2018, 10.04.2018 and Nil.01.2019.

2. On 18.07.2019, when the matter came up for hearing, Mr.K.Soundararajan, learned standing counsel for Chennai Corporation has taken notice on behalf of the respondents.

3. On this day, when the matter came up for further hearing, by placing a letter dated 19.08.2019, stated to have been signed by Mr.S.Prakash, No.99, 7th Cross Street, Srinivasa Nagar, Kolathur, Chennai-99, addressed to Mr. S.Venkatesan, 223, New Additional Law Chambers, High Court Buildings, Chennai-104, submission has been made by Mr.S.Venkatesan, learned counsel for the petitioner, that petitioner has instructed him to withdraw the writ petition. He has also made and endorsement to that effect.

4. Letter dated 19.08.2019 of Mr.S.Prakash, the writ petitioner herein addressed to Mr.S.Venkatesan, reads thus and shall form part of the record.

"Sir, Sub: Withdrawing the writ petition filed against the Corporation of Chennai - Reg.

Ref: W.P.No.13592/2019 on the file of the Hon'ble High Court, Madras.

With reference to the above matter it is learnt that one Mr.James has filed impleading petition in the above writ stating that several civil disputes are pending pertaining to the road portion. On an enquiry it is informed by the Corporation that the civil disputes has to be resolved for laying the road. Hence, I would request you to seek the permission of the Hon'ble Court to withdraw the petition so that the Corporation may take action appropriately, in resolving the disputes.

Thanking you, sd/- S.Prakash.

5. Placing on record the letter dated 19.08.2019, submission of the learned counsel for the petitioner and the endorsement, writ petition is dismissed as withdrawn. No Costs.

Consequently, the connected Writ Miscellaneous Petition is closed.

ars/dm Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Commissioner, Corporation of Chennai, Park Town, Chennai - 600 003.

2. The Zonal Officer, Corporation of Chennai, Zone VI, Ayanavaram, Chennai - 600 023.

3. The Assistant Engineer, Corporation of Chennai, Division 65, Zone VI, Kolathur, Chennai - 99.

+1cc to Mr.K.Soundararajan, Advocate, SR.No.73388 WP.No.13592 of 2019 and WMP No.23970 of 2019 Kak(28/09/2019)