IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.03.2017 CORAM THE HONOURABLE THIRU JUSTICE M. DURAISWAMY C.R.P.(PD)No. SR 23984 of 2017 & C.M.P. No.5517 of 2017 C.Murugaian ... Petitioner v.
S.Shyamala ...Respondent Civil Revision Petition filed under Article 227 of the Constitution of India, against the order and decree dated 16.02.2017 of the Learned District Munsif at Ambattur dismissing the M.P.No.65 of 2016 in R.C.O.P.No.5 of 2016 for not exhibiting any documents to establish the accumulation of arrears of rent.
For Petitioner : Ms.S. Hemalatha O R D E R The learned counsel appearing for the petitioner sought permission of this Court to withdraw the Civil Miscellaneous Petition in C.M.P. No.5517 of 2017 with liberty to challenge the impugned order by way of an appeal under Section 23 of the Tamil Nadu Buildings (Lease and Rent) Control Act and to that effect she has also made an endorsement.
2. In view of the same, the Civil Miscellaneous Petition in C.M.P. No.5517 of 2017 stands dismissed as withdrawn. It is open to the petitioner to challenge the impugned order by way of an appeal before the Rent Control Appellate Authority under Section 23 of the Act. Consequently, connected SR is rejected.
24.03.2017 Index : Yes/No
Note: The Registry is directed to return the certified copy of the Fair and Decreetal order passed in M.P.No.65 of 2016 in R.C.O.P.No.5/2016 to the learned counsel for the Petitioner.
uma/Rj To The District Munsif Court, Ambattur.
M. DURAISWAMY,J., uma/Rj C.R.P.(PD)No.SR 23984 of 2017 & C.M.P.No.5517 of 2017 24.03.2017 http://www.judis.nic.in