G.Kanniammal v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.08.2021

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.3479 of 2021 and WMP. No.3987 of 2021 G.Kanniammal ... Petitioner Vs

1. The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Uthamar Gandhi Road, Nungambakkam, Chennai-600 034.

2. The Joint Commissioner/Executive Officer, Hindu Religious and Charitable Endowments Department, 119, Uthamar Gandhi Road, Nungambakkam, Chennai-600 034.

3. N.Arun ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings of the 2nd Respondent dated 21.10.2019 in Na.Ka.No.10/2017/m4, quash the same and further direction directing the respondents 1 and 2 to provide the basic amenities to the petitioner's premises situated at No.38, Maangollai, Mylapore, Chennai -600 004 as prescribed by the allotment rules and regulations of the Hindu Religious and charitable Endowments Department Act.

For Petitioner : Mr.K.Chelladurai For Respondents : Mr.N.R.R.Arun Natarajan (for R1) Government Advocate Mr.Wilson Topaz (for R2) for M/s.A.S.Kailasam Associates Mr.Rajesh Vivekanandhan (for R3) ******** https://hcservices.ecourts.gov.in/hcservices/

O R D E R

Since this writ petition touches upon the adjudication of several disputed facts in regard to the measurements of the property occupied by the petitioner and the third respondent, it would be appropriate that the petitioner approach the appellate authority by way of statutory appeal.

2. The petitioner has sent an e-mail dated 11.08.2021 seeking leave to withdraw the writ petition with liberty to file an appeal. Liberty as sought for is granted. If the petitioner files an appeal within a period of four (4) weeks from today, the same shall be entertained by the appellate authority without reference to limitation, but subject to all other statutory compliances and disposed as expeditiously as possible.

3. This writ petition is dismissed as withdrawn. No costs. Connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vs To

1. The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Uthamar Gandhi Road, Nungambakkam, Chennai-600 034.

2. The Joint Commissioner/Executive Officer, Hindu Religious and Charitable Endowments Department, 119, Uthamar Gandhi Road, Nungambakkam, Chennai-600 034.

+1CC to Mr.R.Rajesh Vivekananthan, Advocate, Sr.No.40103 W.P. No.3479 of 2021 and WMP. No.3987 of 2021 KSM (CO) K.RK. (02.09.2021) https://hcservices.ecourts.gov.in/hcservices/