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, the Assistant Divisional Engineer, State Highways Department, Tambaram, bearing Thakkeethu No. 01/ Aakiramippu/ 2022 /Vu dated 16.12.2022. The respondents included the State of Tamil Nadu, the Chief Engineer, 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, Mr. Mishva Sathya Narayanan (representing Mr. G. Saravanakumar), sought permission to withdraw the writ petition and made an endorsement to that effect in the court bundle. The court, recording the withdrawal, dismissed the writ petition as withdrawn with no costs. Consequently, any connected miscellaneous petitions were closed. The judgment was delivered by a division bench comprising Justice S. M. Subramaniam and Justice K. Surender on 17-03-2026. The order is brief and does not involve any adjudication on the merits of the case.
Headnote
A) Writ Law - Withdrawal of Petition - Permission to Withdraw - The petitioner sought permission to withdraw the writ petition challenging a notice issued under the Highways Act. The court recorded the endorsement and dismissed the petition as withdrawn without any adjudication on merits. (Paras 1-2)
Issue of Consideration
Whether the writ petition challenging the notice issued by the Assistant Divisional Engineer should be adjudicated on merits.
Final Decision
The writ petition was dismissed as withdrawn. No costs. Connected miscellaneous petitions, if any, were closed.
Law Points
- Withdrawal of writ petition
- No adjudication on merits
- Dismissal as withdrawn
Case Details
2026 LawText (MAD) (03) 243
S. M. Subramaniam, K. Surender
Mr. Mishva Sathya Narayanan for Mr. G. Saravanakumar (for petitioner), Mr. T. Arunkumar, Additional Government Pleader (for respondents)
The State Represented by The Secretary to Government of Tamil Nadu, Highways Department, Secretariat, Chennai 09; The Chief Engineer, Highways Department, No. 76, Sardar Patel Road, Little Mount, Guindy, Chennai 25; The District Collector, Chengalpattu District, Chengalpattu; The Tahsildar, NH 32, Chitlapakkam, Tambaram West, Tambaram, Chennai 45; The Assistant Divisional Engineer, State Highways Department, Tambaram Division, Chennai 42
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
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 Assistant Divisional Engineer, State Highways Department.
Remedy Sought
The petitioner sought to quash the notice dated 16.12.2022 issued by the 5th respondent.
Filing Reason
The petitioner challenged the notice issued by the Assistant Divisional Engineer, State Highways Department, Tambaram.
Issues
Whether the writ petition should be adjudicated on merits.
Submissions/Arguments
The petitioner's counsel sought permission to withdraw the writ petition and made an endorsement to that effect.
Ratio Decidendi
The court allowed the petitioner to withdraw the writ petition without any adjudication on merits, recording the endorsement made by the counsel.
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 writ petition was filed on an unspecified date. When taken up for hearing on 17-03-2026, the petitioner's counsel sought withdrawal. The court dismissed the petition as withdrawn on the same day.
Acts & Sections
- Constitution of India: Article 226
