N.Vengadam v. The Assistant Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and M.P. No. 1 of 2014 N.Vengadam ... Petitioner -vs1. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Salem - 636 001.

2. The Inspector, Hindu Religious and Charitable Endowment Department, Mettur - 636 401,

3. The Executive Officer, Arulmigu Sendraya Perumal Temple, Konur Village, Mettur Taluk, ...

Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorari, calling or the records relating to the impugned order dated 24.07.2014 passed by the First Respondent in his office Ref. Se. Mu. Na. Ka. No. 2409/2014/AA2, quash the same. 1/5

For Petitioner :

Mr. P.Mani For Respondents :

Mr. K.Karthikeyan, Government Advocate

O R D E R

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

2.

When it was pointed out that the Petitioner has got an effective alternative remedy to challenge the proceedings in Se. Mu. Na. Ka. No. 2409/ 2014/AA2 dated 24.07.2014 passed by the First Respondent, which is impugned in this Writ Petition, by filing Revision Petition under Section 21 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, before the First Respondent, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition with liberty to resort to the aforesaid procedure and he has made an endorsement to that effect in the court record. 2/5

In view of the same, the Writ Petition is dismissed as withdrawn, granting such liberty. It is made clear that for the purpose of reckoning limitation for availing the aforesaid remedy, the period from the date of filing of the Writ Petition, viz., 31.07.2014, till the date on which the certified copy of this order is made ready by the Registry, shall be excluded. Consequently, the connected Miscellaneous Petition is closed. No costs.

09.11.2022 vjt Index: Yes/No Note: (i) Issue order copy by 23.11.2022 (ii) Registry is directed to return the original copy of the impugned order under written acknowledgment after retaining a copy of the same for record.

To

1. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Salem - 636 001.

2. The Inspector, Hindu Religious and Charitable Endowment Department, Mettur - 636 401,

3. The Executive Officer, Arulmigu Sendraya Perumal Temple, Konur Village, 3/5

Mettur Taluk, 4/5

P.D. AUDIKESAVALU, J.

vjt 09.11.2022 5/5