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Madras High CourtWP/23452/2012withdrawn dismissed

K.Govindhan, v. The Commissioner,

2024-02-14Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU K.Govindhan ... Petitioner -vs1. The Commissioner Uttamar Gandhi Salai Nungambakkam, Chennai - 600034.

2. The Joint Commissioner Kottai Mariamman Temple Complex Salem - 636001.

3. The Assistant Commissioner Kottai Mariamman Complex Salem - 636001.

4. The Inspector Omalur, Salem District.

5. M.Jayaprakash [R5-Impleaded as per order dated 18.12.2012 by DHPJ in MP No.4 of 2012 in W.P. No. 23452 of 2012.

... Respondents 1/5

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorari, by calling for the records relating to the proceedings dated 16.07.2012 (received on 22.08.2012 only) passed by the Third Respondent in Se.Mu.Na.Ka.No.645/2012/A1, quash the same. For Petitioner :

Mr. K.Rajasekaran For Respondents :

Mr. K.Karthikeyan, Government Advocate

O R D E R

Heard Mr. K.Rajasekaran, Learned Counsel for the Petitioner and Mr. K.Karthikeyan, Learned Government Pleader appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Petitioner, who claims to be the Hereditary Trustee of Sri Sakthi Mariamman Temple situated at Meyyanur in Salem has filed this Writ Petition challenging the order Se.Mu.Na.Ka. No. 645/2012/A1 dated 16.07.2012 passed by the Third Respondent appointing a Fit Person of the said Temple in this Writ Petition.

2/5

3.

As there is nothing to show that the Petitioner is the Hereditary Trustee of the said Temple, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the right of the Petitioner to take necessary measures for declaring the same before the concerned authority and work out his rights for necessary relief in the manner recognized by law. He has made an endorsement to that effect in the court record. In the result, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. No costs.

14.02.2024 Index: Yes/No NCC: Yes/No Maya Note: Issue order copy by 02.04.2024.

To

1. The Commissioner Uttamar Gandhi Salai Nungambakkam, Chennai - 600034.

2. The Joint Commissioner Kottai Mariamman Temple Complex Salem - 636001.

3. The Assistant Commissioner Kottai Mariamman Complex Salem - 636001.

3/5

4. The Inspector Omalur, Salem District.

4/5

P.D. AUDIKESAVALU, J.

Maya 14.02.2024 5/5