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Madras High CourtWP/16088/2020withdrawn dismissed

S.D.Mathivanan v. The Secretary

2022-04-11Honourable Mr Justice P.D.Audikesavalu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.04.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. Nos. 20039 and 20040 of 2020 S.D.Mathivanan ... Petitioner -vs1. The Secretary,

2. The Transport Commissioner, Transport Department, Ezhilagam, Chepauk, Chennai - 600 005.

3. The Controller of Examination,

4. The Director, Motor Vehicles Maintenance Department, Vandikaran Street, Nehru Nagar, Velacherry, Chennai - 600 042.

5. The Automobile Engineer, Motor Vehicles Maintenance Department, Government Automobile Workshop, Dindigul - 624 004.

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6. Vijayalakshmi Automobiles, Rep. by its Proprietor Mr. G.Dhakshinamurthy, No.S6, SIDCO Industrial Estate, Semmandalam, Cuddalore - 607 001.

7. E.E. Karthik

8. M. Balaji ... Respondents Prayer:- Writ Petitions filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First to Fourth Respondents to conduct the enquiry by getting explanations from the Petitioner as well as from the Sixth Respondent to re-verify the Petitioner's certificates for eligibility to appear for the oral test in pursuance of the Petitioner's appearance for the examinations held on 10.06.2018 for the appointment of Motor Vehicle Inspector Grade - II as per notification No. 3 of 2018 dated 14.02.2018 issued by the Third Respondent.

For Petitioner : Mr. B.Ram Kumar For Respondents : Mr. Karthick Rajan (for R1 and R3) Standing Counsel Mr. S.Silambannan Additional Advocate General assisted by Mr. L.S.M.Hassam Fizal, Additional Government Pleader and Mr. G.Ameedias, Government Advocate (for R2, R4 and R5) 2/6

O R D E R

Heard Mr. B.Ram Kumar, Learned Counsel for the Petitioner and Mr. Karthick Rajan, Learned counsel for the First and Third Respondents, Mr. Mr. S.Silambannan assisted by Mr. L.S.M.Hassam Fizal, Learned Additional Government Pleader and Mr. G.Ameedias, Learned Government Advocate for Second, Fourth and Fifth Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.

In view of the order proposed to be passed, which would not cause any prejudice to the Sixth to Eighth Respondents, notice to them is dispensed with. 3.

The Writ Petition has been filed for directing the First to Fourth Respondents to conduct enquiry by getting explanations from the Petitioner as well as the Sixth Respondent to re-verify the certificates of the Petitioner for eligibility to appear for the oral test in pursuance of the appearance of the Petitioner for the examinations held on 10.06.2018 for the appointment of Motor Vehicle Inspector Grade - II as per Notification No. 3 of 2018 dated 14.02.2018 issued by the Third Respondent.

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4.

It is brought to notice that taking into consideration the subsequent events after the filing of the Writ Petition, the Petitioner has filed another Writ Petition in 11821 of 2021 seeking modified reliefs. In view of the same, Learned Counsel for the Petitioner seeks permission of the Court to withdraw this Writ Petition reserving the rights of the Petitioner to raise all the contentions in W.P. No. 11821 of 2021 when it is taken up for hearing. He has also made an endorsement to that effect in the court record. In fine, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. Consequently, the connected Miscellaneous Petitions are closed. No costs.

11.04.2022 skr/kv Index: Yes/No Note: Issue order copy by 09.05.2022 To

1. The Secretary, 4/6

2. The Transport Commissioner, Transport Department, Ezhilagam, Chepauk, Chennai - 600 005.

3. The Controller of Examination,

4. The Director, Motor Vehicles Maintenance Department, Vandikaran Street, Nehru Nagar, Velacherry, Chennai - 600 042.

5. The Automobile Engineer, Motor Vehicles Maintenance Department, Government Automobile Workshop, Dindigul - 624 004.

6. Vijayalakshmi Automobiles, Rep. by its Proprietor Mr. G.Dhakshinamurthy, No.S6, SIDCO Industrial Estate, Semmandalam, Cuddalore - 607 001.

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P.D. AUDIKESAVALU, J.

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