A.E.Al Ameen vs Secretary And Others

C. V. Karthikeyan, J

Though, the Writ Petition has been filed for the relief of Mandamus seeking a direction against the 1st respondent to examine the representation of the petitioner herein, I find from the records that the petitioner is a resident of Ilayankudi, Sivagangai District and seeks appointment of a Special officer for the 4th respondent Society which is also situated at Ilayankudi at Sivagangai District.

As a matter of fact, my attention is also drawn to a recommendation given by the Sub Registrar at Paramakudi, Ramanathapuram District that the Special Officer can be appointed.

Though the appointment of a Special officer is within the zone of the 2nd respondent since the entire records would be only within the Sivagangai District and at the most at Paramakudi, it would only be appropriate that the present Writ petition stands transferred to the Madurai Bench of Madras High Court.

There are a line of judgments which state that if the Writ Petition is filed in the wrong forum/Principal Bench, it should be dismissed and the petitioner should be given opportunity to file a fresh Writ Petition before the correct Court/Madurai Bench of Madras High Court.

When that option was given, the learned counsel for the petitioner stated that he would withdraw the present Writ Petition and file a separate Writ Petition before the Madurai Bench of Madras High Court.

The learned counsel for the petitioner made the following endorsement in the bundle which is as follows:

“The petitioner may be permitted to withdraw this Writ Petition

Sd/........

Counsel for Petitioner

8/2/2023”

In view of the same, the Writ Petition stand dismissed as withdrawn. However, it cannot be held against the petitioner if a fresh Writ Petition is filed before the Madurai Bench of Madras High Court raising the same relief. No order as to costs.