M.K.Stalin, v. The Corporation Of Chennai,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.09.2017
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.25651 of 2012 and W.M.P.Nos. 1&2 of 2012 M.K.Stalin Member of Legislative Assembly (M.L.A.), Kolathur Assembly Constituency, No.1, I Circle Road, Jawahar Nagar, Chennai-600 082 .. Petitioner Vs.
1. The Corporation of Chennai, Rep. by its Commissioner, Rippon Building,
2. The Wards Committee rep by its Chairman Zone-VI The Corporation of Chennai.
Ripon Building,
3. The Superintending Engineer, Building Department, The Corporation of Chennai.
Ripon Building, .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned resolution of the 2nd respondent in subject No.89, passed in its Ordinary meeting held on 27.06.2012 and consequential order i.e. communication in B.D.N.K.No.B6/1447/2012 dated 10.08.2012 passed by the 3rd respondent and to quash the same, consequentially direct the respondents to reconstruct the Corporation Owned Community Hall situated in New Ward No.68 (Old No.51) at SRP Koil Street (North), Chennai-82, opposite to Thiru.Vi.Ka.Nagar Bus Stand, with new design, by utilizing the fund of Rs.1 Crore Contributed by the petitioner, as the MLA of Kolathur Constituency from and out of his
Constituency Development Fund, allocated for the year 2011-2012, within a reasonable time to be fixed.
For Petitioner : P.Wilson, Senior Counsel for Mr.R.Neelkandan For Respondents : Mr.R.Arunmozhi
ORDER
Today, when the writ petition is taken up for hearing, the learned Senior Counsel representing the learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition and made the following endorsement on the petition: "The respondent appears to have now accepted and has decided to reconstruct the subject Corporation Community Hall out of the MLA funds of the petitioner. In view of the assurance, the present writ petition is withdrawn with liberty to the petitioner to approach this Hon'ble Court on the same cause of action as and when required. A letter to that effect has also been given".
2.
In view of the above endorsement and letter dated 14.09.2017 submitted by the learned counsel for the petitioner to the Registry, the writ petition stands dismissed as withdrawn, with the liberty to the petitioner to approach this Court for the same cause of action as and when required. No costs. Consequently, the connected Miscellaneous Petitions are closed. -sd/- Assistant Registrar / TRUE COPY / Sub-Assistant Registrar mm To
1. The Commissioner, Corporation of Chennai, Rippon Building,
2. The Chairman, Wards Committee Zone-VI The Corporation of Chennai.
Ripon Building,
3. The Superintending Engineer, Building Department, The Corporation of Chennai.
Ripon Building, +1 cc to MR.R.NEELAKANDAN Advocate SR.NO. 67423 +1 cc to MR.R.ARUNMOZHI Advocate SR.NO. 67456 Order in W.P.No.25651 of 2012 RD 11/10/2017