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Madras High CourtWP/31597/2019dismissed as withdrawal

K.R.Radhakrishnan v. The Principal District Judge,

2019-11-21Honourable Mr Justice P.D.Audikesavalu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. Nos. 31597, 31601 and 31605 of 2019 K.R. Radhakrishnan ... Petitioner in all W.Ps.

-vs1. The Principal District Judge, The Principal District Court, Coimbatore.

2. The Sherishtadar, Copyist Section, District Court Complex, Coimbatore.

... Respondents in all W.Ps.

Common Prayer:- Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Second Respondent to furnish the certified copies of the documents requested in copy application Nos. 8405 to 8407 of 2019 dated 05.07.2019 and consequently, direct the First Respondent to consider the representation dated 25.09.2019 expeditiously.

For Petitioner : Mr. A. Thiyagarajan For Respondents: Mr. V. Ayyadurai, Senior Counsel for Mr. A. Durai Easwar C O M M O N O R D E R These Writ Petitions have been filed to direct the Second Respondent to furnish the certified copies of the documents requested in copy application Nos. 8405 to 8407 of 2019 dated 05.07.2019 and to consequently direct the First Respondent to consider the representation dated 25.09.2019 expeditiously. 2.

In Radhey Shyam -vs- Chhabi Nath [(2015) 5 SCC 423], a three Judges Bench of the Hon'ble Supreme Court of India has held that the judicial proceedings of the Civil Court are not amenable to writ jurisdiction under Article 226 of the Constitution and that the aggrieved persons could take recourse https://hcservices.ecourts.gov.in/hcservices/

to the powers of superintendence of the High Court for the same under Article 227 of the Constitution. In view of that legal position, Learned Counsel for the Petitioner seeks permission of this Court to withdraw these Writ Petitions with liberty to the Petitioner to seek necessary relief in Civil Revision Petition under Article 227 of the Constitution of India and he has made an endorsement to that effect, which is recorded. 3.

Accordingly, the Writ Petitions are dismissed as withdrawn granting such liberty. No costs.

Sd/- Assistant Registrar (CS VI) //True Copy// Sub Assistant Registrar gsa/vjt To

1. The Principal District Judge, The Principal District Court, Coimbatore.

2. The Sherishtadar, Copyist Section, District Court Complex, Coimbatore.

+3cc to Mr.A.Thiyagarajan, Advocate, S.R.No.96922, 96923, 96924 W.P. Nos. 31597, 31601 and 31605 of 2019 SV(CO) GN(09/01/2020) https://hcservices.ecourts.gov.in/hcservices/