Petitioner filed a writ petition for compensation against college management and officials. Counsel sought withdrawal to pursue a civil suit due to disputed facts. Court dismissed the petition as withdrawn with liberty to institute suit.
Writ Petition dismissed as withdrawn with liberty to institute suit before jurisdictional Civil Court.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.01.2020 CORAM THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
Venkatapathy ... Petitioner
Vs.
Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Fifth Respondent to pay the adequate compensation for the act of commission and omission apart from the misdeed as it is evident on the part of the Fifth Respondent in violation of rules and regulations and that of the procedure at the rate of
Rs.10,00,000/- so as to make the Fifth Respondent to realize the humiliation and harrasment committed by them as against the victim Selvan Purushothaman namely the First Year student of the Fifth Respondent for the academic years 2017 and 2018 under the Roll No. MQ ASN 55069 and to pass further orders.
For Petitioner : Mr. V. Manohar
For First Respondent : Mr. R. Venkatesh, and Second Respondent Government Advocate
When it is pointed out that the nature of grievance sought to be ventilated by the Petitioner in the Writ Petition involves disputed questions of fact, viz-a-viz, the rival claim made by the Petitioner and the Fifth Respondent, which require to be decided after recording of evidence of the parties on their respective contentions and could not be redressed by invoking the public law remedy following summary procedure under Article 226 of the Constitution, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to institute suit before the jurisdictional Civil Court for effectual and complete adjudication of the matter and he has made an endorsement to that effect, which is recorded.
Sub Assistant Registrar
mfa/maya
To
1. The Superintendent of Police,
Thiruvallur District,
Thiruvallur.
2. The Inspector of Police,
Tank Factory Station,
Avadi,
Chennai - 600 062.
3. The Director,
Office of the Director of Technical Education,
Adyar,
Chennai - 600 025.
+1cc to Mr.S.Thankasuivan, Advocate, SR.No.875.
W.P. No. 28717 of 2019
and
W.M.P. Nos. 28470, 28471 & 34336 of 2019
RJI(CO)
CSR:24.02.2020
Venkatapathy
Superintendent of Police, Thiruvallur District
Inspector of Police, Tank Factory Station
Director, Office of the Director of Technical Education
Chairman, Human Rights Commission
Management, Vel Tech High Tech Dr.Rangarajan Dr.Sakunthala Engineering College
P.D. Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
