Alavudeen, v. S.Jaffer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MRS.JUSTICE S.ANANTHI and C.M.P(MD)No.6179 of 2021 Against W.P.(MD)No.3689 of 2021 Alavudeen ... Appellant / 6th Respondent Vs.

1.S.Jaffer ... 1st Respondent / Writ Petitioner 2.The District Collector, Madurai District, Madurai.

3.The Revenue Divisional Officer / Sub-Divisional Magistrate, Madurai North, Madurai District.

4.The Tahsildar, Madurai North Circle, Madurai District.

5.The District Registrar, Department of Registration, North Madurai, Madurai District.

6.The Sub-Registrar, Chokkikulam Sub-Registrar Office, Madurai.

... Respondents 2 to 6 / Respondents 1 to 5 Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the order, dated 04.03.2021 made in W.M.P(MD)No.2962 of 2021 in W.P(MD)No.3689 of 2021 on the file of this Court. Prayer in W.M.P(MD)No.2962 of 2021:

This Writ Miscellaneous Petition is filed to stay the operation of impugned order in in Na.Ka.7644/2020/J dated 24/12/2020 on the file of 2nd Respondent pending disposal of this Writ Petition.

1/3

Prayer in WP(MD) No.3689 of 2021:

Writ Petition filed under Article 226 of the Constitution of India, to issue an order or direction particularly in the nature of Writ of Certiorarified Mandamus to call for records of the impugned proceedings of the 2nd Respondent in Na.Ka.7644/2020/J dated 24.12.2020 quash the same as illegal and arbitrary and consequently direct the 2nd Respondent to pass orders under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, for monthly maintenance of 6th Respondent against the children of 6th Respondent.

For Appellant : Mr.S.M.A.Jinnah For RR 2 to 6 : Mr.B.Saravanan Government Advocate

JUDGMENT

(Judgment of the Court was delivered by M.DURAISWAMY,J.) Mr.S.M.A.Jinnah, learned counsel appearing for the appellant seeks the permission of this Court to withdraw the Writ Appeal for the reason that the appellant had challenged the interim order passed by the learned Single Judge made in W.M.P(MD)No.2962 of 2021 in W.P(MD)No.3689 of 2021 on 04.03.2021. Further, the learned counsel submitted that the appellant would file a vacate stay petition before the learned Single Judge for getting the interim stay vacated.

2.Recording the submissions made by the learned counsel appearing for the appellant, the Writ Appeal is dismissed as withdrawn. It is open to the appellant to file appropriate petition before the learned Single Judge for vacating the interim order granted on 04.03.2021. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) ps 2/3

Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer / Sub-Divisional Magistrate, Madurai North,Madurai District.

3.The Tahsildar, Madurai North Circle, Madurai District.

4.The District Registrar, Department of Registration, North Madurai, Madurai District.

5.The Sub-Registrar, Chokkikulam Sub-Registrar Office, Madurai.

02.08.2021 RK (09.08.2021) 3P 6C 3/3