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Madras High CourtWP/15812/2023dismissed as infructuous

Cosmopolitan Club v. The Commissioner

2023-05-18Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.05.2023

CORAM

THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN W.P.No15812 of 2023 And W.M.P.No. 15258 of 2023 Cosmopolitan Club Rep. by its Secretary Mr.Balakrishnan S/o. Kandasamy Government Hospital Road Nagapattinam Nagapattinam District.

... Petitioner ..Vs..

1.

The Commissioner Hindu Religious and Charitable Endowments Chennai.

The Joint Commissioner O/o. Joint Commissioner Hindu Religious and Charitable Endowments Neela South Street, Nagapattinam Town, Nagapattinam District.

The Assistant Commissioner O/o. Assistant Commissioner, Hindu Religious and Charitable Endowments Sadaiyappar Nagapattinam Town, Nagapattinam District.

The Executive Officer Arulmigu Kayarohanaswamy Udanurai Neelayathatchiammal Temple, Nagapattinam.

... Respondents PRAYER: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari to call for the records of order of eviction vide No.Na.Ka.No. 990/2023/E1/dated 10.05.2023 passed by the third respondent and quash the same.

*** For Petitioner : Mr. P.Muthamizhselvakumar For RR 1 to 3 : Mr. A.R.Arun Natarajan Special Government Pleader HR & CE

O R D E R

It is stated by the learned Special Government Pleader that the possession has been taken and therefore the relief sought for in the present Writ Petition has become infructuous.

Let affidavit be filed affirming this particlar fact. It is also the claim of the respondents that a sum of Rs.87,07,386/- is due and payable by the petitioner herein.

The petitioner always have the right to proceed in accordance with law, questioning any order passed.

A contention is raised by the learned counsel for the petitioner that a sum of Rs.30 lakhs has been paid .

5.

If an affidavit is filed as directed, Registry may place the same in the case bundle.

6.

Nothing further survives for adjudication in the Writ Petition. Accordingly, this Writ Petition stands dismissed as infructuous. Consequently, the Writ Miscellaneous Petition is closed. No costs. 18.05.2023 vsg Index: Yes/No Internet: Yes/No Speaking / Non Speaking Order

C.V.KARTHIKEYAN, J., vsg To 1.

The Commissioner Hindu Religious and Charitable Endowments Chennai.

The Joint Commissioner O/o. Joint Commissioner Hindu Religious and Charitable Endowments Neela South Street, Nagapattinam Town, Nagapattinam District.

The Assistant Commissioner O/o. Assistant Commissioner, Hindu Religious and Charitable Endowments Sadaiyappar Nagapattinam Town, Nagapattinam District. The Executive Officer Arulmigu Kayarohanaswamy Udanurai Neelayathatchiammal Temple, Nagapattinam.

W.P.No15812 of 2023 And W.M.P.No. 15258 of 2023 18.05.2023