M.M.D.A.Colony v. The Executive Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.07.2019
CORAM
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No. 18999 of 2019 and W.M.P. No. 19428 of 2019 M.M.D.A. Colony Sri-Iyyappa Sevasangam Functioning at No.H52 M.M.D.A. Colony Arumbakkam, Chennai - 600 106.
Represented herein by its President, M.Manikandan, Son of Magesh, At No.H.52, M.M.D.A.Colony, Arumbakkam, Chennai 600 106.
... Petitioner Vs.
1. The Executive Officer, Arulmigu Muthumariamman Thirukoil, Hindu Religious and Charitable Endowments Board H.147, M.M.D.A. Colony, Arumbakkam, Chennai - 600 106.
2. The Commissioner, Hindu Religious and Charitable Endowments Board, Office of the Hindu Religious and Charitable Endowments Board, M.G. Road, Nungambakkam, Chennai - 600 034.
3. The State represented by The Inspector of Police, K.8, Arumbakkam Police Station, Chennai - 600 106.
... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the Respondent to issue permission to M.M.D.A Colony Sri Iyyappa Sevasangam functioning at No.H.52, M.M.D.A. Colony, Arumbakkam, Chennai 600 106-the Petitioner's Association herein for carrying out Audi-festival at Arulmighu Muthumarriamman Koil situated at H.147, M.M.D.A. Colony, Arumbakkam Chennai 600 106 between 17th July 2019 and 17th August 2019.
For Petitioner : Mr. D. Ashok Kumar For Respondents : Mr. M. Maharaja (For R1 & R2) Special Government Pleader (HR & CE) : Mr. M. Karthikeyan (For R3) Additional Government Pleader.
O R D E R
When it is pointed out on a reading of the averments of the affidavit filed in support of the Writ Petition that the nature of claim made by the Petitioner for the conduct of festival could not be effectually resolved by way of adjudication in a Writ Petition in the exercise of discretionary powers of this Court under Article 226 of the Constitution, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to make representation to the concerned authorities for participating in the festival in the manner suggested by him and he has made an endorsement to that effect, which is recorded.
2.
Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, the connected Miscellaneous Petition is closed. No costs.
Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar To
1. The Executive Officer, Arulmigu Muthumariamman Thirukoil, Hindu Religious and Charitable Endowments Board H.147, M.M.D.A. Colony, Arumbakkam, Chennai - 600 106.
2. The Commissioner, Hindu Religious and Charitable Endowments Board, Office of the Hindu Religious and Charitable Endowments Board, M.G. Road, Nungambakkam, Chennai - 600 034.
3. The Inspector of Police, K.8, Arumbakkam Police Station, Chennai - 600 106.
+1cc to Mr. D. Ashok Kumar, Advocate sr.58238 +1cc to Government Pleader sr.58780 W.P.No.18999 of 2019 jp(co) nr 26/07/2019