V.Selvakumar v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 27868 of 2019 and W.M.P. No. 27436 of 2019 V. Selvakumar

...Petitioner

Vs.

1. The Superintendent of Police Cuddalore District Cuddalore.

2. The Tahsildar Panruti Taluk Office Panruti, Cuddalore District.

3. The Inspector of Police Kadambuliyur Police Station Panruti Taluk Cuddalore District Pin 607 103.

4. K. Ramachandran ... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Second Respondent to form a "Temple Construction Committee" with equal representatives of the 4 streets (North Street, Nadu Street, East Street & South Street) of Kadambuliyur Village for construction of "Sri Iyyanar Temple & Sri Veerabadraswamy Temple" at Kadambuliyur Village.

For Petitioner :

Mr. P. Srinivasan For Respondents :

Mr. M. Karthikeyan (For R1 to R3) Additional Government Pleader

ORDER

When it is pointed out that the nature of grievance sought to be ventilated by the Petitioner in the Writ Petition falls within the realm of disputed question of facts, which require to https://hcservices.ecourts.gov.in/hcservices/

be decided after recording of evidence of the parties on their rival contentions and could not be redressed by invoking the public law remedy following summary procedure under Article 226 of the Constitution, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to institute suit impleading necessary parties before the jurisdictional Civil Court for the effectual and complete adjudication of the matter. He has also made an endorsement to that effect, which is recorded.

2.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Superintendent of Police Cuddalore District Cuddalore.

2. The Tahsildar Panruti Taluk Office Panruti, Cuddalore District.

3. The Inspector of Police Kadambuliyur Police Station Panruti Taluk Cuddalore District AKM/30.09.19/2P-4C / W.P. No. 27868 of 2019 https://hcservices.ecourts.gov.in/hcservices/