2022 Supreme(Online)(MAD) 38628
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2022 CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD) No.SR73276 of 2022 S.Muthukumar ... Petitioner -vs-
1.The Union of India rep.by Home Secretary to Government of India Ministry of Home Affairs North Block, New Delhi-110 001
2.The State of Tamil Nadu rep.by Home Secretary Fort St.George Chennai-600 009
3.The Superintendent of Police National Investigation Agency Millers Road, Purasaivakkam Chennai
4.Makkal Athikaram
16, Mulla Nagar Shopping Complex
2nd Gallery, Ashok Nagar Chennai-600 083 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 3 to declare “Makkal Athikaram”, the fourth respondent herein as an unlawful association and ban the association under Unlawful Activities (Prevention) Amended Act, 2008 and to take appropriate action against their illegal act of waging war as against our country and conduct a fair investigation through National Investigation Agency (NIA) forthwith against their illegal and unlawful activities and save the integrity and sovereignty of our country by consider the petitioner's representation dated 16.11.2022, within the time stipulated by this Court.
For Petitioner : Mr.M.R.Sreenivasan
O R D E R
[Order of the Court was made by R.MAHADEVAN, J.]
The prayer in this writ petition is for issuance of a writ of mandamus directing the respondents 1 to 3 to declare “Makkal Athikaram” / fourth respondent herein as an unlawful association and ban the association under the Unlawful Activities (Prevention) Amended Act, 2008 and to take appropriate action against their illegal act of waging war as against our country and conduct a fair investigation through National Investigation Agency (NIA) forthwith against their illegal and unlawful activities and save the integrity and sovereignty of our country by considering the petitioner's representation dated 16.11.2022, within a time frame.
2. Today, when the matter was taken up for hearing, learned counsel for the petitioner submitted that he is withdrawing this writ petition with liberty to the petitioner to work out his remedy before the appropriate forum in the manner known to law and he has also made an endorsement to that effect.
3. In view of the endorsement so made, W.P.(MD) No.SR73276 of 2022 is rejected as withdrawn with liberty as prayed for. No costs.
[R.M.D., J.] [J.S.N.P., J.]
28.11.2022 Index : Yes / No Internet : Yes / No krk To:
1.The Home Secretary to Government of India, Ministry of Home Affairs, Union of India, North Block, New Delhi-110 001.
2.The Home Secretary, Fort St.George, State of Tamil Nadu, Chennai-600 009.
3.The Superintendent of Police, National Investigation Agency, Millers Road, Purasaivakkam, Chennai.
R.MAHADEVAN , J .
and J.SATHYA NARAYANA PRASAD, J.
krk W.P.(MD) No.SR73276 of 2022
28.11.2022