Madras High CourtWP(MD)/17190/2019withdrawn dismissed

S.Murugesan v. The District Collector

2019-08-05Honourable Dr Justice Anita Sumanth2 pages

W.P(MD)No.17190 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2019

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P(MD)No.17190 of 2019 and W.M.P(MD)No.13705 of 2019 S.Murugesan ... Petitioner Vs.

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Commissioner, Aranthangi Municipality, Aranthangi, Pudukkottai District.

3.A.Kader Bava 4.S.Karuppaiah ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorari, to call for the records relating to the impugned order passed by the second in his proceedings in Na.Ka.No.8969/2016/A1 dated 23.07.2019 which was served on the petitioner on 31.07.2019 and quash the same as unconstitutional, illegal and arbitrary.

For Petitioner :

Mr.A.S.Vaigunth For R - 1 :

Mr.A.Thiyagarajan, Government Advocate.

For R - 2 :

Mr.J.Lawrance for Mr.P.Mahendran

ORDER

Heard learned counsel for the petitioner, Mr.A.Thiyagarajan, learned Government Advocate, who accepts notice for the first respondent and Mr.J.Lawrance, learned counsel, who accepts notice for the second respondent.

2.The petitioner has already approached the Civil Court in regard to the same cause of action as agitated in this Writ Petition. Hence, the petitioner requests that he may be permitted to https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.17190 of 2019 withdraw the Writ Petition with liberty to pursue the suit in O.S.No.72 of 2019 pending before the District Munsif Court, Aranthangi, Pudukkottai District. He has also made an endorsement in this regard.

3.In the light of the above, this Writ Petition is dismissed as withdrawn, granting such liberty. No costs. consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) To 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Commissioner, Aranthangi Municipality, Aranthangi, Pudukkottai District.

+1 CC to SPL GP SR-79959.

+1 CC to Mr.P.MAHENDRAN, Advocate SR-80210.

W.P(MD)No.17190 of 2019 05.08.2019 CS(06.09.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2