P.M.Selvaraj Vs The Divisional Engineer — Writ and Judicial Review | Madras HC (2025)

P.M.Selvaraj Vs The Divisional Engineer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

W.P.No.20816 of 2021 and W.M.P.No.22084 of 2021 permitted to be withdrawn and disposed of as withdrawn / closed; rights and contentions of the writ petitioner preserved, including liberty to file a PIL on the same subject matter / same issue; no order as to costs.

Issue for consideration

Whether the writ petitioner should be permitted to withdraw the writ petition and the connected writ miscellaneous petition with preservation of all rights and contentions, including liberty for the writ petitioner and/or any other person concerned to file a Public Interest Litigation on the same subject matter / same issue.

Court's answer

The request of learned counsel for the writ petitioner for leave to withdraw the main Writ Petition and the Writ Miscellaneous Petition, coupled with the prayer to preserve rights and contentions so as to enable filing of a PIL on the same subject matter / same issue, was acceded to.

Ratio / Principle

The captioned main Writ Petition and the Writ Miscellaneous Petition were disposed of as withdrawn / closed, with preservation of the rights and contentions of the writ petitioner, i.e., preservation of the right to file a PIL; there shall be no order as to costs.

Detailed headnote1 paragraphs

Madras High Court (Division Bench of M. Sundar and K. Govindarajan Thilakavadi, JJ.; order by M. Sundar, J.) - W.P.No.20816 of 2021 filed under Article 226 of The Constitution of India seeking a writ of certiorari to quash proceedings Ku.No.18/2021/E.Va.A dated 22.09.2021 of the third respondent (Assistant Divisional Engineer (Highways), Construction and Maintenance, Namakkal) - after some arguments, learned counsel for the writ petitioner sought leave to withdraw the main Writ Petition and W.M.P.No.22084 of 2021 with a prayer to preserve all rights and contentions of the writ petitioner and/or any other person concerned with the matter, to enable filing of a PIL on the same subject matter / same issue - request acceded to - main Writ Petition and Writ Miscellaneous Petition disposed of as withdrawn / closed with preservation of rights to file a PIL - no order as to costs. No point on merits adjudicated; no precedent cited or considered.

W.P.No.20816 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2025

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and

THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI

W.P.No.20816 of 2021 &

W.M.P.No.22084 of 2021 in W.P.No.20816 of 2021

P.M.Selvaraj S/o.Muthusamy ... Petitioner

vs

The Divisional Engineer (Highways) Construction and Maintenance Namakkal

The Revenue Divisional Officer Namakkal, Namakkal District

The Assistant Divisional Engineer Highways Construction and Maintenance Namakkal ... Respondents

Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari calling for the entire records relating to Page Nos.1/4

https://www.mhc.tn.gov.in/judis

W.P.No.20816 of 2021

the impugned order passed by the third respondent in his proceedings Ku.No.18/2021/E.Va.A/dated 22.09.2021 and quash the same.

For Petitioner : Mr.C.Prakasam for Ms.R.Hemalatha For Respondents : Mr.T.K.Saravanan Additional Government Pleader for R1 to R3

O R D E R

[Order of the Court was made by M.SUNDAR, J .,]

After some arguments, Mr.C.Prakasam, learned counsel appearing on

behalf of Ms.R.Hemalatha, counsel on record for writ petitioner sought leave of this Court to withdraw the captioned main 'Writ Petition' ['WP' for the sake of brevity] and captioned Writ Miscellaneous Petition thereat but made a prayer to preserve all the rights and contentions of the writ petitioner and/or any other person concerned with the matter to file a 'PIL' ['Public Interest Litigation'] on the same subject matter / same issue. Request acceded to.

Page Nos.2/4

https://www.mhc.tn.gov.in/judis

W.P.No.20816 of 2021

2. Endorsement made by learned counsel in the case file is as follows:

3. In the light of the narrative thus far, captioned main WP and captioned Writ Miscellaneous Petition are disposed of as withdrawn / closed albeit with preservation of rights and contentions of writ petitioner in the aforesaid manner i.e., preservation of rights to file a PIL. There shall be no order as to costs.

Index : Yes / No Neutral Citation : Yes / No Speaking / Non-speaking order gpa

Page Nos.3/4

https://www.mhc.tn.gov.in/judis

W.P.No.20816 of 2021

M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J.,

gpa

To

The Divisional Engineer (Highways) Construction and Maintenance Namakkal

The Revenue Divisional Officer Namakkal, Namakkal District

The Assistant Divisional Engineer Highways Construction and Maintenance Namakkal

W.P.No.20816 of 2021

17.02.2025

Page Nos.4/4

https://www.mhc.tn.gov.in/judis