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Madras High CourtWP(MD)/212/2018withdrawn dismissed

Tirunelveli Dist,Ex.Serviceman v. The Secretary,

2018-06-26Honourable Mr Justice S.S. Sundar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No. 212 of 2018 and W.M.P(MD) Nos.3005 and 8218 of 2018 Tirunelveli District Ex.Serviceman Welfare Association through its General Secretary, K.Chelladurai, S/o.Karuthiah Thevar 1/2 Military Lane, Palayamkottai, Tirunelveli- 627 002.

... Petitioner vs.

1.The Secretary Ministry of Defense Government of India South Block, Krishna Menon Marg New Delhi- 110011.

2.The General Officer Commanding Head Quarters Dhakshan Bharath area Island Grounds 3.The Chairman Palm Grove Ex-Serviceman Canteen Head Quarters Dhakshan Bharath area Island Grounds 4.The Deputy Director of Ex-Serviceman Canteen Palm Grove Ex-Serviceman Canteen No.2, Military Lane Palayamkottai, 5.The Secretary Government of Tamil Nadu Public Department (Ex.Serviceman Welfare)

Fort.St.George 6.The District Collector/The Chairman Collectorate, Kokkirakulam Tirunelveli District - 627 003.

7.The Secretary Military Lane, Palayamkottai, 8.The Assistant Director of Ex-Serviceman Welfare Department Government of Tamil Nadu Military Lane, Palayamkottai, (R8 impleaded vide court order dated 17.01.2018 in WMP(MD) No.636/18) ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the respondents not to shift and function Military Canteen from the present location at Door No.2, Military Lane, Palayamkottai to Ganapathy Mill Complex, Thalayuthu/Sankar Nagar on 09.01.2018 or any subsequent day.

For Petitioner :

Mr.P.Senthurpandian For Respondents No.1 to 4 and 7 : Mr.V.Kathirvelu Assistant Solicitor General for India assisted by Mr.M.Subbiah No.5 and 6 : Mr.Aayiram K.Selvakumar Additional Government Pleader.

O R D E R

When the matter is taken up for hearing today, the learned Counsel appearing for the petitioner submitted that he is withdrawing this writ petition and he has also made an endorsement to that effect.

2. The learned Assistant Solicitor General of India appearing for the respondents 1 to 4 and 7 stated that the relief sought for in this writ petition has been conceded by the respondents and therefore the writ petition has become infructuous.

3. In view of the above submissions and the endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as infructuous. No costs. Consequently connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar(CS-I) To:

1.The Secretary Ministry of Defense Government of India South Block, Krishna Menon Marg New Delhi- 110011.

2.The General Officer Commanding Head Quarters, Dhakshan Bharath area Island Grounds 3.The Chairman Palm Grove Ex-Serviceman Canteen Head Quarters, Dhakshan Bharath area Island Grounds 4.The Deputy Director of Ex-Serviceman Canteen Palm Grove Ex-Serviceman Canteen No.2, Military Lane Palayamkottai, 5.The Secretary Government of Tamil Nadu Public Department (Ex.Serviceman Welfare) Fort.St.George 6.The District Collector/The Chairman Collectorate, Kokkirakulam Tirunelveli District - 627 003.

7.The Secretary Military Lane, Palayamkottai, 8.The Assistant Director of Ex-Serviceman Welfare Department Government of Tamil Nadu Military Lane, Palayamkottai, +1CC to Mr.P.Senthur Pandian Advocate in SR.No.69853. +1CC to Mr.R.J.Karthick Advocate in SR.No.69952. +1CC to Mr.P.Subbiah Advocate in SR.No.70146. +1CC to Special Government Pleader in SR.No.69990. AAV DS/SKN-RSK/SAR-1 :23.07.2018: 4P/13C W.P.(MD) No. 212 of 2018 and W.M.P(MD) Nos.3005 and 26.06.2018