W.T.Sundaramoorthy v. Commissioner, Hr & Ce Dept

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 20.03.2023

CORAM

THE HON'BLE MR.JUSTICE RMT.TEEKAA RAMAN W.P.No. 21778 of 2018 and W.M.P.No.25550 of 2018 W.T.Sundaramoorthy, S/o.Thanikachala Mudaliar, No.16, Vaikundaperumal Koil Sannathi Street, Kanchipuram ... Petitioner Vs.

1.Commissioner HR & CE Department Uttamar Gandhi Salai Nungambakkam Chennai 34 2.The Joint Commissioner Administration Department HR&CE, RTO Office Road Sathuvachari, Vellore.

3.Sri Vaikundaperumal Koil Devasthanam Represented by its Executive Officer Office at Katchabeswarkoil Kanchipuram.

... Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the Respondents to regularise the possession of the Petitioner as tenant upon payment of fair rent as may be determined by the Committee under Section 34A of the Hindu Religious and Charitable Endowment Act, 1959 in accordance with law as per order passed by this court in WP.(MD).No.16833 of 2017 dated 12.02.2018 and in terms of G.O.Ms.No.340, Tamil Development, Culture and Charitable Endowments Department dated 06.08.2007 and further forbearing the Respondents from evicting the Petitioner in respect of the property comprised in T.S.No.796, situated at No.16, Vaikundaperumal Koil Sannathi Street, Kanchipuram, subject to payment of fair rent. For Petitioner : Mr.P.Haribabu For Respondents : Mr.K.Karthikeyan (for R1 & R2) Government Advocate Mr.K.Hariharan (for R3)

ORDER

This Writ Petition has been filed seeking direction to the Respondents to regularise the possession of the Petitioner as tenant upon payment of fair rent as determined by the Committee under Section 34A of the Hindu Religious and Charitable Endowment Act, 1959 in accordance with law as per order passed by this court in WP.(MD).No.16833 of 2017

dated 12.02.2018 and in terms of G.O.Ms.No.340, Tamil Development, Culture and Charitable Endowments Department dated 06.08.2007 and further forbearing the Respondents from evicting the Petitioner in respect of the property comprised in T.S.No.796, situated at No.16, Vaikundaperumal Koil Sannathi Street, Kanchipuram, subject to payment of fair rent. 2.When the matter is taken up for hearing, learned counsel for the Petitioner seeks permission of this Court to withdraw this Petition and also made an endorsement to that effect in the court bundle. 3.In view of the submission made by the learned counsel for the Petitioner and the endorsement made by him, this Writ Petition is dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petition is closed.

20.03.2023 Index : Yes/No : Yes/No Speaking Order/Non-Speaking Order sai

RMT.TEEKAA RAMAN, J.

sai To 1.The Commissioner HR & CE Department Uttamar Gandhi Salai Nungambakkam, Chennai 34 2.The Joint Commissioner Administration Department HR&CE, RTO Office Road, Sathuvachari, Vellore.

3.The Executive Officer Sri Vaikundaperumal Koil Devasthanam Office at Katchabeswarkoil Kanchipuram.

W.P.No. 21778 of 2018 and W.M.P.No.25550 of 2018 Dated:20.03.2023