V. Rajaram vs Directorate of Town and Country Planning

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2026 Supreme(Online)(Mad) 49661

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Dhandapani, J
V. Rajaram – Appellant
Versus
Directorate of Town and Country Planning – Respondent
W.P.No.25570 of 2023

Important Points

A petitioner has the right to withdraw a writ petition with the liberty to pursue alternative remedies in a competent civil court.

Subject

Civil Law - Writ Jurisdiction

Act Referred

Constitution of India: Art.226

Headnote

The petitioner filed a writ petition under Art. 226 of the Constitution of India challenging specific orders issued by the planning and local municipal authorities. Upon the petitioner's counsel requesting permission to withdraw the petition, the Court permitted the withdrawal. The core issue involved the challenge to administrative orders regarding property planning. The Court's ratio decidendi was limited to granting the petitioner liberty to seek redressal in the appropriate forum after the voluntary withdrawal of the current proceedings. The writ petition is dismissed as withdrawn with liberty to the petitioner to approach the competent civil Court for appropriate remedy.

Advocates:
For the Appellants/Petitioners: A.K. Samy
For the Respondents: M. Sivavarthanan for R1 & R2, N. Devi for R3, C. Prakasam for R4

Table of Content
1. granting permission to withdraw a writ petition with liberty to approach a civil court. (Para 1 , 2)

Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for records of the 2nd respondent’s impugned order in Roc.No.SLM/14RM31Y7/5744/2022/TCP dt. 11.01.2023 and 3rd respondent impugned order in Pa.Mu.No.682/ 2023/E10/ dt.18.05.2023 and quash the same.

For Petitioner : Mr.A.K.Samy

For Respondents : Mr.M.Sivavarthanan for R1 & R2

Government Counsel

Mrs.N.Devi for R3

Standing Counsel

Mr.C.Prakasam for R4

O R D E R

The learned counsel appearing for the petitioner seeks the permission of this Court to withdraw this petition and has also made an endorsement to that effect in the bundle.

2.In view of the endorsement made by the learned counsel appearing for the petitioner, this writ petition is dismissed as withdrawn with liberty to the petitioner to approach the competent civil Court for appropriate remedy. No costs.

09.06.2026

pri

Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No