Annalakshmi, v. The Secretary Home Department,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.10.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 30027 of 2019 and W.M.P. No. 29941 of 2019 Annalakshmi ... Petitioner Vs.

1. The Secretary, Home Department, St. Fort George, Chennai - 600 009.

2. The District Revenue Officer cum Additional Divisional Magistrate, Virudhunagar, Virudhunagar District.

3. The Tahsildar, Sivakasi Taluk, Virudhunagar District.

4. The Arunagiri Swamigal Trust, Represented by its Secretary, Mr. Venkatesan, 363, Thattumetu Street, Sattur Road, Sivakasi, Virudhunagar District.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the First Respondent herein to dispose the Appeal No.864 of 2019 dated 01.10.2019 pending before the First Respondent herein preferred against the impugned order vide proceeding No.Na.Ka.E5/21697/2019 dated 30.07.2019 issued by the Second Respondent, within a stipulated time.

For Petitioner :

Mr. G. Thangaval For Respondents :

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

O R D E R

It has been pointed out to the Learned Counsel for the Petitioner that the cause of action for the Writ Petition has arisen on the basis of the order Na. Ka. No. E5/21697/2019 dated 30.07.2019 passed by the Second Respondent, whose seat of authority falls within the territorial limits of jurisdiction of the Madurai Bench of this Court, and that the Fourth Respondent had on earlier occasion chosen the Madurai Bench of this Court to ventilate the grievance against the Petitioner in Writ Petition bearing W.P. (MD) No. 358 of 2019, and as such, the doctrine of forum conveniens would desist this Court at the Principal Seat from entertaining any subsequent Writ Petition in respect of the same subject matter. In response thereto, Learned Counsel for the Petitioner seeks permission of this Court to withdraw this Writ Petition with liberty to approach the Madurai Bench of this Court by way of fresh Writ Petition for the same relief and he has made an endorsement to that effect. 2.

Recording the same, the Writ Petition is dismissed as withdrawn granting such liberty.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

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

1. The Secretary, Home Department, St. Fort George, Chennai - 600 009.

2. The District Revenue Officer cum Additional Divisional Magistrate, Virudhunagar, Virudhunagar District.

3. The Tahsildar, Sivakasi Taluk, Virudhunagar District.

4. The Secretary, The Arunagiri Swamigal Trust, 363, Thattumetu Street, Sattur Road, Sivakasi, Virudhunagar District.

+1cc to M/s.G.Thangavel, Advocate Sr.88073 +1cc to the Government Pleader Sr.88229 W.P. No. 30027 of 2019 and W.M.P. No. 29941 of 2019 cp[co] srg 01/11/2019