S.Santhanamoorthi v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :16.07.2019

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No.20970 of 2019 and W.M.P. No. 20155 of 2019 S. Santhanamoorthi ... Petitioner -vs1. The General Manager, Southern Railway, Poonamalee High Road, Chennai - 600 003.

2. The Senior Divisional Railway Manager (Commercial), Thiruchiraapalli Division, Souther Railway, Trichy - 620 001.

3. The Divisional Engineer, Souther Railway, Trichy Junction, Trichy - 620 001.

4. The Commercial Inspector, Vriddhachalam Junction, Souther Railway, Vriddhachalam, Cuddalore District - 606 001.

5. The Station Manager, Vriddhachalam Railway Station, Vriddhachalam, Cuddalore District - 606 001.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus by forbearing the Respondents from evicting or disturbing the business of the Petitioner by running Vehicle Parking Stand at Vriddhachalam Railway Station, Vriddhachalam as per the proceedings of the Second Respondent dated 11.05.2017 in No. T/C. 300/CPC/VRI/Vol III till the appointment of Arbitrator as per the request made by the Petitioner to the Respondents in the representation dated 22.06.2019.

For Petitioner :

Mr. T. Meganathan For Respondents:

Mr. P.T. Ramkumar https://hcservices.ecourts.gov.in/hcservices/

O R D E R

When it was pointed out that the Petitioner has got an effective alternative remedy under Section 9 of the Arbitration and Conciliation Act, 1996, to make an application before the jurisdictional Civil Court to seek the relief that has been sought in this Writ Petition, Learned Counsel for the Petitioner sought permission of this Court to withdraw the Writ Petition with liberty to resort to the same and has made an endorsement to that effect, which is recorded.

2.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty.

Consequently, the connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar(insp cell) //True Copy// Sub Assistant Registrar vjt To

1. The General Manager, Southern Railway, Poonamalee High Road, Chennai - 600 003.

2. The Senior Divisional Railway Manager (Commercial), Thiruchiraapalli Division, Souther Railway,Trichy - 620 001.

3. The Divisional Engineer, Souther Railway, Trichy Junction,Trichy - 620 001.

4. The Commercial Inspector, Vriddhachalam Junction, Souther Railway, Vriddhachalam,Cuddalore District - 606 001.

5. The Station Manager, Vriddhachalam Railway Station, Vriddhachalam, Cuddalore District - 606 001.

+1cc to Mr. T. Meganathan, Advocate SR.No. 6033 +1cc to Mr.P.T. Ramkumar , Advocate SR.No. 60871 W.P. No. 20970 of 2019 A.SK(24/07/2019) https://hcservices.ecourts.gov.in/hcservices/