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Madras High CourtWP/34365/2023withdrawn dismissed

V.Karthikeyan v. The State Of Tamil Nadu

2023-12-21Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU V.Karthikeyan ... Petitioner -vs1. The State of Tamil Nadu Rep. by the Secretary to Government Rural Development Department Fort St. George, Chennai - 600 009.

2. The District Collector Thirupur District, Thirupur.

3. The Commissioner Kolathupalayam Panchayat Union Dharampuram Taluk Thirupur District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Third Respondent to implement the orders of the First Respondent vide Communication No.4212/Peru-2(1)/2023 dated 02.11.2023 which was passed based on the Petitioner's representation dated 19.08.2023 given regarding the allocation of funds to fulfill the basic requirements such as Street lights, Drinking water tanks, Sanitation and laying roads etc. in the 14th Ward of the Kolathupalayam Town Panchayat, within the period stipulated by the Court. 1/5

For Petitioner : Mr. T.Ramasamy For Respondents : Mr. U.Baranidharan, AGP (RR1 & 2) Mr. S.Arumugam (R3)

O R D E R

Heard Mr. T.Ramasamy, Learned Counsel for the Petitioner, Mr. U.Baranidharan, Learned Additional Government Pleader, who takes notice for the First and Second Respondents and Mr. S.Arumugam, Learned Counsel, who takes notice for the Third Respondent and perused the materials placed on record, apart from the pleadings of the parties. 2.

The Petitioner had made a representation dated 19.08.2023 to the Respondents relating to allocation of funds for meeting basic amenities and laying of roads in Ward 14 of Kolathupalayam Town Panchayat. The First Respondent by Letter No. 421/Peru-2(1)/2023 dated 02.11.2023 had required the Director of Municipal Administration, Government of Tamil Nadu, Chennai, to examine the said representation made by the Petitioner and take further action in the matter. In that backdrop, this Writ Petition has been filed for directing the Third Respondent to implement the aforesaid order of the First 2/5

Respondent.

3.

There is nothing available from the materials placed on record to ascertain as to what further action had been taken by the Director of Municipal Administration on the said representation made by the Petitioner in this case. 4.

Since the Director of Municipal Administration to whom the First Respondent had sent the said letter has not been made as party to the Writ Petition, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition reserving the right of the Petitioner to file a fresh Writ Petition impleading all necessary parties and producing relevant documents. He has also made an endorsement to that effect in the court record. In fine, the Writ Petition is dismissed as withdrawn with the aforesaid clarification. No costs.

21.12.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 31.01.2024.

Maya 3/5

To

1. The Secretary to Government Rural Development Department Fort St. George, Chennai - 600 009.

2. The District Collector Thirupur District, Thirupur.

3. The Commissioner Kolathupalayam Panchayat Union Dharampuram Taluk Thirupur District.

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P.D. AUDIKESAVALU, J.

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