Minor N.Karunya Vignesh v. The Union Territory

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 08.07.2019

CORAM:

THE HON'BLE MR. JUSTICE P.D.AUDIKESAVALU W.P. No.17833 of 2019 and W.M.P. No.17232 of 2019 Minor N.Karunya Vignesh rep. by his Father and Natural Gauradian, R.Nagarajalu ... Petitioner Vs.

1. The Union Territory of Puducherry Rep. by its Secretary, Education Department, Chief Secretariat,

2. The Deputy Collector (Revenue) North, Revenue Complex, Ground Floor, 505, Kamaraj Salai, New Saram, Puducherry - 605 013.

3. The Tahsildar cum Executive Magistrate, Government of Puducherry, Taluk Office, Oulgaret, Puducherry ... Respondents Prayer:- Writ petition filed under Article 226 of Constitution of India, seeking for a Writ of Certiorarified Mandamus, to call for the records of the 3rd respondent in his proceedings No.1298/TOO/A/ESTT./2019 dated 03.06.2019 and quash the same as illegal and consequently direct the 2nd and 3rd respondent to issue necessary Nativity Certificate in accordance with law. For Petitioner : Mr.K.M.Vijayan Associates For Respondents: Mr.D.Ravichander, Additional Government Pleader (Pondy)

O R D E R

During the earlier hearing on 25.06.2019, this Court passed the following self-explanatory order:-

"The Writ Petition challenges the order dated 03.06.2019 passed by the Third Respondent. Mr. D. Ravichander, Learned Additional Government Pleader (Puducherry), who takes notice for the Respondents, submits that the Petitioner has already filed an Appeal dated 12.06.2019 before the Second Respondent against the same order, which is pending. In view of the same, the Second Respondent shall file a report on the action taken on the said Appeal within a period of ten days from today.

Post the matter on 08.07.2019".

2.

Today, the Additional Government Pleader (Puducherry) appearing for the Respondents has produced the order dated 04.07.2019/No.8187/DCR(N)/ A2/2015/1348 passed by the Government of Puducherry, Department of Revenue & Disaster Management, Office of the Deputy Collector (Revenue) North rejecting the appeal preferred by the Petitioner against the order which is impugned in this Writ Petition. In view of the subsequent developments, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to challenge the appellate order in the manner recognized by law and 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 rkp To

1. The Secretary, The Union Territory of Puducherry Education Department, Chief Secretariat,

2. The Deputy Collector (Revenue) North, Revenue Complex, Ground Floor, 505, Kamaraj Salai, New Saram, Puducherry - 605 013.

3. The Tahsildar cum Executive Magistrate, Government of Puducherry, Taluk Office, Oulgaret, +1 cc to the Additional Government pleader for Puducherry vide S.R.No.57436 W.P. No.17833 of 2019 and W.M.P. No.17232 of 2019 NR(CO) SSM(24/07/2019)