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2026 Supreme(Online)(Mad) 44402
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hemant Chandangoudar, J
A.Pushpa Swarnalatha Malani – Appellant
Versus
Foreigners Regional Registration Officer – Respondent
W.P.(MD)No.13075 of 2026|W.M.P(MD)No.9827 of 2026
Advocates:
For the Appellants/Petitioners: K.Gurunathan
For the Respondents: D.Sadiq Raja
For the Appellants/Petitioners: K.Gurunathan
For the Respondents: D.Sadiq Raja
A petitioner may seek leave to withdraw a writ petition when the relief claimed is better suited for adjudication by a civil court, thereby preserving the right to pursue the remedy before the appropriate forum.
Headnote:The petitioner sought a writ of mandamus directing authorities to issue a legal heir certificate to facilitate the extension of stay in India. The Court noted the petitioner's request for permission to withdraw the writ petition to seek remedy before a competent civil court. The primary issue concerns the procedural appropriateness of seeking a legal heir certificate through a writ petition versus a civil suit. The court allowed the withdrawal of the petition to ensure the petitioner has the liberty to pursue the claim before the jurisdictional civil court. The writ petition is dismissed as withdrawn with liberty granted to the petitioner to approach the civil court.
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| 1. the court permits withdrawal of writ proceedings to allow adjudication in a civil forum. (Para 1 , 2 , 3) |
ORDER
Learned counsel for the petitioner seeks permission of this Court to withdraw this petition preserving liberty to approach the jurisdictional civil Court for agitating his claim. He has also made an endorsement to that effect.
2. The said submission is taken on record.
3. The Writ Petition is dismissed as withdrawn preserving liberty to the petitioner as sought for. Consequently, connected miscellaneous petition is closed.
