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Madras High CourtWP/43124/2016disposed of

M.Sathyan, v. The Commissioner,

2021-10-29Honourable Mr Justice M. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2021

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR W.P.No.43124 of 2016 & WMP.No.36955 of 2016 M.Sathyan ... 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, Salem.

3. The Executive Officer, Arulmigu Sakthi Vinayagar Thirukoil Santhapettai, Kaveripatinam, Krishnagiri Taluk & District.

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the proceedings of the 3rd respondent herein dated 2.12.2016 in respect of shop No.4 in Arulmigu Sakthi Vinayagar Thirukoil, Kaveripatinam, Krishnagiri Taluk and District, and quash the same and forbear the Respondents herein from in any manner evicting the petitioner from the said shop. For Petitioner :

Ms.AL. Ganthimathi For Respondent :

Mr.NRR.Arun Natarajan Government Advocate

ORDER

Ms.AL. Ganthimathi, learned counsel for writ petitioner and Mr.NRR.Arun Natarajan, learned State Counsel for the three respondents are before this Court.

https://hcservices.ecourts.gov.in/hcservices/

2. Adverting to the impugned proceedings, which turns on Section 77 of 'the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Act 22 of 1959)' (hereinafter 'TN HR & CE Act' for the sake of convenience and clarity), learned counsel submits that the writ petitioner's shop has since been removed. There is no disputation or disagreement on this present obtaining position.

3. Recording the aforementioned stated position i.e., obtaining position, captioned writ petition is disposed of as closed. Consequently connected Writ Miscellaneous Petition is also closed. There shall be no order as to costs. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar gpa/nst To

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

2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Salem.

+1cc to Ms.AL.Ganthimathi, Advocate, S.R.No.56251 W.P.No.43124 of 2016 & WMP.No.36955 of 2016 PA(CO) SU(22/11/2021) https://hcservices.ecourts.gov.in/hcservices/