Madras High Court Dismisses Writ Petition as Withdrawn in Highways Notice Challenge — Petitioner Sought Permission to Withdraw Without Adjudication on Merits.

High Court: Madras High Court
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Case Note & Summary

The petitioner, E. Kothandapani, filed a writ petition under Article 226 of the Constitution of India before the Madras High Court, seeking a writ of certiorari to quash a notice issued by the 5th respondent (Assistant Divisional Engineer, State Highways Department, Tambaram) dated 16.12.2022 bearing Thakkeethu No. 01/ Aakiramippu/ 2022 /Vu. The respondents included the State of Tamil Nadu, the Chief Engineer of the Highways Department, the District Collector of Chengalpattu, the Tahsildar, and the Assistant Divisional Engineer. When the matter was taken up for hearing, the learned counsel for the petitioner sought permission to withdraw the writ petition and made an endorsement to that effect in the court bundle. The court, recording the same, dismissed the writ petition as withdrawn with no order as to costs. Consequently, any connected miscellaneous petitions were also closed. The judgment was delivered by a division bench comprising Justice S.M. Subramaniam and Justice K. Surender on 17-03-2026. The order was uploaded on 23/03/2026.

Headnote

A) Writ Law - Withdrawal of Petition - Dismissal as Withdrawn - The petitioner sought permission to withdraw the writ petition challenging a notice issued by the Highways Department. The court recorded the endorsement and dismissed the petition as withdrawn without any adjudication on merits. No costs were imposed. (Paras 1-2)

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Issue of Consideration

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Final Decision

The writ petition was dismissed as withdrawn. No costs. Connected miscellaneous petitions, if any, were closed.

Law Points

  • Withdrawal of writ petition
  • dismissal as withdrawn
  • no adjudication on merits
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Case Details

2026 LawText (MAD) (03) 86

WP No. 35042 of 2022

2026-03-17

S. M. Subramaniam, K. Surender

Mr. Mishva Sathya Narayanan for Mr. G. Saravanakumar (for petitioner), Mr. T. Arunkumar, Additional Government Pleader (for respondents)

E. Kothandapani

1. The State Represented by The Secretary to Government of Tamil Nadu, Highways Department, Secretariat, Chennai 09; 2. The Chief Engineer, Highways Department, No. 76, Sardar Patel Road, Little Mount, Guindy, Chennai 25; 3. The District Collector, Chengalpattu District, Chengalpattu; 4. The Tahsildar, NH 32, Chitlapakkam, Tambaram West, Tambaram, Chennai 45; 5. The Assistant Divisional Engineer, State Highways Department, Tambaram Division, Chennai 42

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Nature of Litigation

Writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash a notice issued by the Highways Department.

Remedy Sought

The petitioner sought to quash the notice dated 16.12.2022 issued by the 5th respondent.

Filing Reason

Challenge to a notice issued by the Assistant Divisional Engineer, State Highways Department.

Submissions/Arguments

The petitioner's counsel sought permission to withdraw the writ petition.

Ratio Decidendi

The court allowed the petitioner to withdraw the writ petition without any adjudication on merits.

Judgment Excerpts

When the matter was taken up for hearing, learned counsel for the petitioner sought permission of this Court to withdraw the present writ petition. Recording the same, the writ petition is dismissed as withdrawn. No costs.

Procedural History

The petitioner filed WP No. 35042 of 2022 before the Madras High Court challenging a notice dated 16.12.2022. At the hearing, the petitioner's counsel sought and was granted permission to withdraw the petition, leading to dismissal as withdrawn.

Acts & Sections

  • Constitution of India: Article 226
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