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Madras High CourtWP/13799/2023withdrawn dismissed

C. Kuppusamy v. The Commissioner

2023-04-28Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.13799 of 2023 C.Kuppusamy Petitioner vs.

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

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Arulmigu Kottai Mariamman Thirukoil Campus, Salem - 636 001.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Arulmigu Kottai Mariamman Thirukoil Campus, Salem - 636 001.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the second respondent to consider the petitioner representation dated 10.04.2023 and pass order not to appoint Nonheriditary trustees to the Arulmigu Mariamman Temple, Kadavedee junction, Salem District.

For Petitioner : Mr.U.Gowrishankar For Respondents : Mr.S.Yashwanth : Additional Government Pleader

O R D E R

The locus standi of the petitioner to maintain this writ petition has not even been mentioned anywhere in the affidavit filed in support of the writ petition. Without doing so, the petitioner has filed this writ petition to direct the Department not to appoint non-hereditary trustees to the temple. Such a relief sought for by the writ petitioner cannot be entertained by this Court. When this was pointed out to the learned counsel for the petitioner, the learned counsel for the petitioner wanted to withdraw this writ petition and file a fresh writ petition by properly explaining the locus standi of the petitioner to maintain the writ petition. 2.Accordingly, this writ petition is dismissed as withdrawn with liberty to the petitioner to file a fresh writ petition by making proper averments in the affidavit. No Costs.

28.04.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No ssr

To 1.The Commissioner Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Arulmigu Kottai Mariamman Thirukoil Campus, Salem - 636 001.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Arulmigu Kottai Mariamman Thirukoil Campus, Salem - 636 001.

N. ANAND VENKATESH, J.

ssr W.P No.13799 of 2023 28.04.2023