Madras High CourtWP(MD)/16145/2017withdrawn dismissed

Easkki, v. The Joint Director Of Medical

2017-10-12Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2017

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.16145 of 2017 and WMP(MD)Nos.12817 and 12818 of 2017 Esakki : Petitioner -vsThe Joint Director of Medical and Rural Health Services Family Welfare, (Appropriate Authority under the Pre-Conception and Pre-Natal Diagnostics Techniques (Prohibition of Sex Selection), Act 1994, Tenkasi, Tirunelveli District.

: Respondents Prayer: Petitions filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari, to call for the records relating to the impugned order No.2295/A7/2017, dated 07.06.2017 passed by the respondent and quash the same as illegal. For Petitioner : Mr.A.Balaji For Respondent : Mr.G.Muthukannan Government Advocate

O R D E R

The petitioner seeks issuance of a Writ of Certiorari to quash the order of the respondent, dated 07.06.2017. 2.Mr.A.Balaji, learned counsel for the petitioner would submit that the entire machineries seized from the petitioner have been handed over to the police and now, it is under the custody of the Judicial Magistrate, Tenkasi and therefore, he seeks permission of this court to withdraw the writ petition with liberty to approach the appropriate forum to get appropriate relief and he has also made an endorsement to that effect.

3.In view of the endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn giving liberty to the petitioner to file application under section https://hcservices.ecourts.gov.in/hcservices/

451 of Cr.P.C before the Judicial Magistrate, Tenkasi, within a period of two weeks from the date of receipt of a copy of this order. On filing of such application, the learned Judicial Magistrate is directed to depose of the same, within a period of two weeks therefrom. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar.

To, 1 The Judicial Magistrate, Tenkasi 2 The Joint Director of Medical and Rural Health Services Family Welfare, (Appropriate Authority under the Pre-Conception and Pre-Natal Diagnostics Techniques (Prohibition of Sex Selection), Act 1994, Tenkasi, Tirunelveli District.

+1CC to Mr.A.Balaji, Advocate, SR.No. 80403 +1CC to the Special Government Pleader SR.No. 81093 W.P.(MD)No.16145 of 2017 21.09.2017 er AM/SV MMS/SAR 4/09.10.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/