Jayabal v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.09.2021

CORAM

THE HON'BLE Mr.JUSTICE M.SUNDAR W.P.No.17699 of 2015 and MP.No.1 of 2015 Jayabal S/o.Gurunathan ... Petitioner -Vs.- 1.The Joint Commissioner, Hindu Religious and Endowment Department, Mayiladuthurai, Nagapattinam District.

2.The Assistant Commissioner, Hindu Religious and Endowment Department, Kumbakonam, Thanjavur District.

3.The Deputy Commissioner Cum Executive Officer, A/m Swaminatha Koil Thirukoil Swamimalai, Kumbakonam Vattam, Thanjavur District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of 1st respondent in his proceedings Mayiladuturai Mandalam Arivippu No.265/2014/E1 dated 30.12.2014 and quash the same. For Petitioner :

Ms.H.Kavitha for Mr.S.Sounthar For Respondents :

Mr.NRR.Arun Natarajan Government Advocate for HR & CE ******

O R D E R

Ms.H.Kavitha, learned counsel representing the counsel on record for the lone writ petitioner is before this virtual Court.

2. A 'notice dated 30.12.2014' (hereinafter 'impugned

notice' for the sake of convenience) issued by first respondent under Section 78(2) of the 'Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Act 22 of 1959)', which shall hereinafter be referred to as 'TN HR & CE Act' for the sake of convenience and clarity, has been called in question in the captioned writ petition.

3. Mr.NRR.Arun Natarajan, learned State counsel for respondents is before this virtual Court.

4. Be that as it may, as impugned notice under Section 78(2) of TN HR & CE Act, learned counsel for writ petitioner very fairly submitted that he will withdraw the captioned writ petition, but his rights to raise these objections before the first respondent may please be preserved, if the proceedings are still pending before the first respondent or in other words, if the proceedings have not been carried to its logical end before first respondent. Learned counsel sent an electronic mail with a Memo to this Court, scanned reproduction of which is as follows:

5. Learned counsel representing the counsel on record for writ petitioner reiterates the contents of aforementioned Memo.

6. In the light of the reiteration, captioned writ petition is dismissed as withdrawn albeit preserving the rights of the writ petitioner to raise all objections before first respondent (in response to the impugned notice) including all questions that have been raised in the instant writ petition. In other words, all questions raised in this writ petition are left open. Though obvious, it is made clear that no opinion or view has been expressed on the merits of the matter in this order. There shall be no order as to costs. Consequently, connected MP is also closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar

kmi To 1.The Joint Commissioner, Hindu Religious and Endowment Department, Mayiladuthurai, Nagapattinam District.

2.The Assistant Commissioner, Hindu Religious and Endowment Department, Kumbakonam, Thanjavur District.

3.The Deputy Commissioner Cum Executive Officer, A/m Swaminatha Koil Thirukoil Swamimalai, Kumbakonam Vattam, Thanjavur District.

+1cc to the Government Pleader, S.R.No.44670 W.P.No.17699 of 2015 and MP.No.1 of 2015 KSM(CO) CT(22/09/2021)