S.Anthony Joseph v. Tamil Nadu Forest Plantation Corporation Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 34720 of 2019 S.Anthony Joseph ... Petitioner Vs.

1. Tamil Nadu Forest Plantation Corporation Ltd Represented by its Managing Director Karur Road, Mallachipuram Kambarasampettai Tiruchirapalli - 620 101.

2. The Regional Manager Tamil Nadu Forest Plantation Corporation Virudhachalam Range 450/1,Periyar Nagar(S) Forest Range Office Virudhachalam 606 001 Cuddalore District.

3. S.Elumalai Forest Range Office, TAFCORN, Virudhachalam Range Cuddalore District.

4. M. Selvamani, Forester, Narimanam Beat, TAFCORN, Virudhachalam Range Cuddalore District.

... Respondents Prayer:Petition filed under Article 226 of the Constitution of India, for issue of Writ of Certiorarified Mandamus, calling for the records and order of the Second Respondent dated 09.09.2019 in Ref. No. Na.Ka. No. 2946/2019/K1 and quashing the same as illegal and directing the First Respondent to give the Petitioner compensation of Rs. 5,00,000/- (Rupees Five Lakhs Only) and also refund Rs.4,01,000/- paid by the Petitioner to the Respondents, and deduct the said amounts from the salaries of the erring officials who delayed confirmation of auction held on 09.01.2019 to 22.05.2019.

For Petitioner :

Mr. J. Antony Jesus For Respondents :

Mr. S.V. Vijaya Prashanth Additional Government Pleader (Forest) https://hcservices.ecourts.gov.in/hcservices/

O R D E R

When it is pointed out that the contentions raised by the Petitioner in the Writ Petition falls under the realm of disputed question of facts, which requires recording of evidence of the parties on their rival contentions and could not be effectually 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 the Petitioner work out his remedy before the competent forum. He has also made an endorsement to that effect, which is recorded.

2. Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. No costs.

16.12.2019 Index : Yes/No Internet : Yes /No maya/drl To

1. The Managing Director Tamil Nadu Forest Plantation Corporation Ltd Karur Road, Mallachipuram Kambarasampettai Tiruchirapalli - 620 101.

2. The Regional Manager Tamil Nadu Forest Plantation Corporation Virudhachalam Range 450/1,Periyar Nagar(S) Forest Range Office Virudhachalam 606 001 Cuddalore District.

W.P. No. 34720 of 2019 ssv A.SK(10/02/2020) https://hcservices.ecourts.gov.in/hcservices/