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Madras High CourtWP(MD)/24206/2023withdrawn dismissed

Kesavamani.K v. The District Collector

2023-10-05Honourable Mr Justice M. Sundar,Honourable Mrs Justice R. Kalaimathi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE R.KALAIMATHI W.P.(MD)No.24206 of 2023 K.Kesavamani : Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Superintendent of Police, Sivagangai District, Sivagangai.

3.The Deputy Superintendent of Police, Vigilance and Anti Corruption Division, 4.The Block Development Officer,

5.The Inspector of Police, Taluk Police Station, : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 5th respondent to register a criminal case upon the proceedings of the 1st respondent in Na.Ka.R.2/16833/2021 dated 19.09.2022 communicated to the 5th respondent through the letter of the 4th respondent in Na.Ka.Pi 4/428/2021 dated 03.03.2023. For Petitioner : Mr.M.Mohamed Sherbudeen For Respondents : Mr.P.Thilak Kumar, Govt. Pleader for R1 to R4 Mr.S.Ravi, Addl. Public Prosecutor for R5

O R D E R

[Order of the Court was made by M.SUNDAR, J.] When the matter was taken up, Mr.Mohamed Sherbudeen, learned counsel for Writ Petitioner is before us. It came to light that the matter pertains to registration of a complaint against one Mr.Murugan but the

individual has not been arrayed as a co-respondent. There are only official respondents.

2. Faced with the above situation, learned counsel on record for PIL petitioner sought leave of this Court to withdraw the captioned Writ Petition. Learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows:

3. Adverting to the aforementioned endorsement, learned counsel requested this Court to preserve all rights of the Writ Petitioner to come up

with a fresh Writ Petition / PIL with the same prayer on the same issue, after arraying the person concerned as a private co-respondent. Request acceded to.

4. Captioned Writ Petition is disposed of as closed / withdrawn albeit preserving the rights of the petitioner in the aforesaid manner. There shall be no order as to costs.

[M.S.,J.] & [R.K.M.,J.] 05.10.2023 Nuetral Citation : Yes Index : Yes Internet : Yes vsm

To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Superintendent of Police, Sivagangai District, Sivagangai.

3.The Deputy Superintendent of Police, Vigilance and Anti Corruption Division, 4.The Block Development Officer, 5.The Inspector of Police, Taluk Police Station, 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

M.SUNDAR, J.

and R.KALAIMATHI, J.

vsm W.P.(MD)No.24206 of 2023 05.10.2023