Madras High CourtWP(MD)/17841/2018withdrawn dismissed

Murugadhas, v. The Commissioner,

2021-09-29Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P(MD)No.17841 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.17841 of 2018 Murugadhas ... Petitioner Vs.

1.The Commissioner, Department of Municipal Administration, 6th Floor, Ezhilagam, Chepauk, Chennai - 600 005.

2.The Nagercoil Municipality, Rep by its Commissioner, Municipal Office, 166, Balamore Road, Kanyakumari District.

3.The Regional Director of Municipal Administration, Ram Popular Salai, Palayamkottai, Tirunelveli - 2, Tirunelveli District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second and third respondents to pay a sum of Rs.59,00,184/- (Rupees Fifty Nine Lakhs One Hundred and Eighty Four only) with interest at the rate of 12% per annum from the date of this petition towards completion of construction of 1) Small Bridge and Concrete and Paver Block in Ward No.9, Vellalar Keel Street, 2) Bituman Road in Ward No.49, Barathi Nagar 1st, 2nd, 3rd and 5th Cross Street, 3) Rain Water Channel and Bituman Road in Ward No.23, near Pentecostal Church, Anandhan Nagar, 4) Paver Block in Ward No.23, Keel Asaripallam, 5) Paver Block in Ward No.23, Alan Street, 6) Bituman Road in Ward No.30 from Maravan Kudiruppu to Kalai Nagar within the time stipulated by this Court.

For Petitioner : Mr.T.Lajapathiroy For R-1 to R-3 : Mr.P.Athimoolapandiyan Standing Counsel.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.17841 of 2018

ORDER

The petitioner seeks permission to withdraw the Writ Petition with liberty to prosecute appropriate civil proceedings in such regard and has circulated a letter dated 20.09.2021 in this connection. Accordingly, W.P.(MD).No.17841 of 2018 is dismissed as withdrawn without prejudice to the petitioner's right to prosecute appropriate civil proceedings in accordance with law. There will be no order as to costs.

Sd/- Assistant Registrar (A.D.I) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg/nsr 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 Commissioner, Department of Municipal Administration, 6th Floor, Ezhilagam, Chepauk, Chennai - 600 005.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-30736 [F] dated 30/09/2021 ) W.P(MD)No.17841 of 2018 29.09.2021 RD(7.10.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2