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Madras High CourtWP/17342/2018dismissed as withdrawal

R. Kozhanthapayan v. The District Collector

2019-09-17Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.09.2019

CORAM

THE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 17342 of 2018 R. Kozhanthapayan ...

Petitioner Vs.

1. The District Collector Namakkal District Namakkal.

2. The Tahsildhar Paramathi Vellore Taluk Namakkal District - 637 017.

3. Divisional Engineer (Construction & Maintenance) Highways Department Namakkal District - 637 017.

4. Assistant Engineer (Construction & Maintenance) Highways Department Namakkal District - 637 017.

... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents to consider and dispose of the representation dated 05.08.2017 filed by the Petitioner in accordance with law. For Petitioner : Mr. S. Victor Prasath For Respondents: Mr. M. Karthikeyan Additional Government Pleader

O R D E R

When it is pointed out by the Learned Additional Government Pleader appearing for the Respondents that the Petitioner had already filed a Civil Suit in O.S. No. 22 of 2014 on the file of the Sub Judge, Namakkal, seeking the same relief, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to pursue the said suit

and he has made an endorsement to that effect, which is recorded.

2.

Accordingly, the Writ Petition is dismissed as withdrawn. The Petitioner and other concerned parties shall attend the hearings of the aforesaid suit and extend their co-operation for the expeditious disposal of the matter. It shall be ensured that there is atleast one effective hearing every week showing progress of the case. The Civil Court after giving full opportunity of hearing to all parties concerned, shall endeavour to expeditiously dispose the suit after full fledged trial and file a report of compliance in that regard before the Registrar (Judicial) of this Court by 31.12.2019. No costs. Sd/- Assistant Registrar (Insp cell) //True Copy// Sub Assistant Registrar maya To 1.The District Collector Namakkal District Namakkal.

2.The Tahsildhar Paramathi Vellore Taluk Namakkal District - 637 017.

3.The Divisional Engineer (Construction & Maintenance) Highways Department Namakkal District - 637 017.

4.The Assistant Engineer (Construction & Maintenance) Highways Department Namakkal District - 637 017.

Copy to 1.The Presiding Officer, Sub-Court, Nammakal.

2.The Registrar (Judicial), Madras High Court, Chennai - 600 104.

+1cc to Mr.S. Victor Prasath Advocate, S.R.No.79511 +1cc to the Government Pleader, S.R.No.80210 SR(CO) CB(25/09/2019) W.P. No. 17342 of 2018