A.Mickel, v. The Executive Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and M.P. No. 1 of 2014 A.Mickel ... Petitioner -vsThe Executive Officer Arulmigu Thiruvalleeswarar Thiru Koil Padi, Chennai - 600 050.

... Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, to call for the records connected with the Notice dated 25.07.2014 issued by the Respondent and quash the same and direct the Respondent allow the Petitioner to continue in the Petitioner's premises i.e. No. 5, Thiruvalleeswarar Colony, Padi, Chennai - 600 050.

For Petitioner : Mr. R.Naresh Kumar For Respondent : Mr. R.Mahalingam

O R D E R

Heard Mr. R.Naresh Kumar, Learned Counsel for the Petitioner and Mr. R.Mahalingam, Learned Counsel for the Respondent and perused the materials placed on record, apart from the pleadings of the parties. 1/3

2.

As it has been brought to notice that the Respondent has already filed a suit in O.S. No. 335 of 2014 against the Petitioner on the file of the District Munsif Court, Ambattur seeking permanent injunction restraining him from proceeding with the construction in the property and remove the alterations made in furtherance to the impugned order dated 25.07.2014 passed by the Court, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner to raise all contentions in that suit and he has made an endorsement to that effect in the court record. 3.

In fine, the Writ Petition is dismissed as withdrawn with the aforesaid clarification. No costs.

07.11.2022 2/2 Maya Index: Yes/No Note: Issue order copy by 21.11.2022.

To The Executive Officer Arulmigu Thiruvalleeswarar Thirukoil Padi, Chennai - 600 050.

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P.D. AUDIKESAVALU, J.

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