IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 13979 of 2008 Between: B.Sundaram S/o. B.Devaiah R/o. 4/1128, Ramnagar, Usman Sahebpet, Nellore ..... PETITIONER AND The Municipal Commissioner, Municipal Corporation, Nellore. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ or order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent in not conducting Domestic Enquiry and not paying the subsistence allowance to the petitioner for the last one year and nine months as illegal, arbitrary, violation of principles of natural justice and also violation of Articles 14,15 and 21 of the Constitution of India and consequently direct the Respondent to conduct domestic enquiry and pay subsistence allowance to the petitioner from the date of my suspension i.e. 29.09.2006 till date and onwards . Counsel for the Petitioner: MR.N.KUTUMBA RAO Counsel for the Respondent: MR.A.SRIDHAR The Court made the following ORDER: The learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition, without prejudice to the rights of the petitioner to approach the A.P. Administrative Tribunal. Permission is accorded and the writ petition is dismissed as withdrawn, leaving it open to the petitioner to approach the A.P. Administrative Tribunal. There shall be no order as to costs. _____________________ ` L.NARASIMHA REDDY,J Dt:03.07.2008 kdl ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{PS}