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Madras High CourtWP/34742/2019dismissed as withdrawal

T.Mallika v. The Educational Agency

2020-01-06Honourable Mr Justice P.D.Audikesavalu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2020

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No. 34742 of 2019 and W.M.P. No. 35492 of 2019 Mrs. T.Mallika ... Petitioner Vs.

1. The Educational Agency rep by Mrs.K.Chithra W/o. T.Kannabiran Kannan Aided Primary School Sirkali Taluk Nagai District.

2. The Block Educational Officer Sirkali Block Sirkali - 609 111.

3. The District Educational Officer Sirkali - 609 111.

... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to the impugned order dated 30.07.2019 passed by the First Respondent in removing the Petitioner from the post of President of the school committee and quash the same. For Petitioner :

Mr. P. Mani

O R D E R

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 questions of facts viz-a-viz the rights of the Petitioner and the First Respondent, which require to be decided after recording of evidence of the parties on 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 before the jurisdictional Civil Court for effectual and complete adjudication of the matter and he has made an endorsement to that effect, which is recorded. https://hcservices.ecourts.gov.in/hcservices/

2.

Accordingly the Writ Petition is dismissed as withdrawn grating such liberty. Consequently, connected miscellaneous petition is closed. No costs.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To

1. The Block Educational Officer Sirkali Block Sirkali - 609 111.

2. The District Educational Officer Sirkali - 609 111.

+1 CC to Mr. Mani, Advocate sr 650.

W.P. No. 34742 of 2019 MG(CO) SP(20/02/2020) https://hcservices.ecourts.gov.in/hcservices/