S.Rukmani v. Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.03.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.5909 of 2017 and W.M.P.No.6325 of 2017 S.Rukmani ... Petitioner Vs.

1.The Commissioner, 2.The Joint Commissioner, 3.The Assistant Commissioner, 4.The Executive Officer, Arulmighu Thiyagarajaswamy Thirukkoil, Thiruvottiyur, Chennai - 600 019.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, for the issuance of writ of mandamus, forbearing the respondents from demolishing the superstructures and evicting the petitioner from the premises bearing Door No.47, Sannathi Street, Thiruvottiyur, Chennai 600 019 comprised in Survey No.237/1 except under due process of law namely initiating action under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act.

For Petitioner : Mr.S.Sadasharam For Respondents: Mr.M.Maharaja, Special Government Pleader R1 to R3 Mr.A.K.Sriram for M/s.A.S.Kailasam Associates for R4

O R D E R

The learned counsel appearing for the petitioner, on instructions, seeks permission of this Court to withdraw this petition with liberty to challenge the order dismissing R.P.No.131 of 2013 passed under Section 21 of the Hindu Religious and Charitable Endowments Act, 1959 (HR & CE Act) and also made an endorsement to that effect.

2. In the light of the same, this writ petition is dismissed and the liberty sought for by the petitioner is granted. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To 1.Commissioner, 2.The Joint Commissioner,

3.The Assistant Commissioner, +1cc to Mr.S.Sadasharam, Advocate Sr.15342 +1cc to the Government Pleader Sr.15896 Writ Petition No.5909 of 2017 nm[co] srg 22/03/2017