S.Malayappan v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU S.Malayappan ... Petitioner -vs1. The Revenue Divisional Officer, O/o. the Revenue Divisional officer, Tiruvallur District.

2. S.Subramanian ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Prohibition, prohibiting the First Respondent herein from conducting the enquiry with reference to the Proceeding in Na. Ka. 7529/2023/A6.

For Petitioner :

Mr. R.Parthiban For Respondents :

Mr. M.Alagu Gowtham, Government Advocate (for R1)

O R D E R

Heard Mr. R.Parthiban, Learned Counsel for the Petitioner and Mr. M.Alagu Gowtham, Learned Government Advocate, who takes notice for the First Respondent, and perused the materials placed on record, apart from the 1/4

pleadings of the parties.

2.

The Petitioner seeks to restrain the First Respondent from proceeding further in the application made by the Second Respondent before him under the Maintenance and Welfare of Senior Citizens and Parents Act, 2007 (hereinafter referred to as 'the Act' for short) for evicting him from his residential house for which notice in Na. Ka. 7529/2023/A6 dated 18.10.2023 has been sent by the First Respondent.

3.

Learned Government Advocate appearing for the First Respondent has produced a copy of the final order in Moo. Mu. 7529/2023/A6 dated 20.12.2023 passed by the First Respondent in the said proceedings after the filing of the Writ Petition and Learned Counsel for the Petitioner acknowledges receipt of its copy in Court today. In view of the subsequent events, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner to challenge the said order before the proper forum and he has made an endorsement to that effect in the court record.

2/4

In fine, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. No costs.

21.12.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 22.03.2024.

vjt To The Revenue Divisional Officer, O/o. the Revenue Divisional officer, Tiruvallur District.

Copy to S.Subramanian, S/o. Karupasamy, Plot No. 6, Lazar Nagar, 7th Street, Kamarajar Nagar, Avadi, Tiruvallur - 600 071.

3/4

P.D. AUDIKESAVALU, J.

vjt 21.12.2023 4/4