The Egmore Philanthrophic Trust v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 15.09.2021
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR W.P.NO.19464 OF 2021 & W.M.P.NO.20755 OF 2021 The Egmore Philanthrophic Trust Rep. by its Founder Chairman Mr.Hujan Babu New No.9, Old No.5, Dr.T.V.Naidu Road Chetpet, Chennai - 600 031 ... Petitioner Vs.
1. The State of Tamil Nadu rep.
by Additional Chief Secretary Department of Tourism, Culture and Religious Endowments Department Secretariat, Fort St.George Chennai - 600 009
2. The Principal Secretary and Commissioner Hindu Religious ad Charitable Endowments Department No.119, Uthamar Gandhi Road Nungambakkam, Chennai - 600 034
3. The Joint Commissioner, Chennai Region Circle -1 Hindu Religious ad Charitable Endowments Department No.127, Yadhava Street Padi, Chennai- 600 050
4. The Assistant Commissioner Hindu Religious and Charitable Endowments Department No.127, Yadhava Street Padi, Chennai - 600 050
5. The Executive Officer Arulmighu Srinivasa Perumal Temple No.6, LNP Kovil Street Egmore, Chennai - 600 008 ... Respondents
Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st and 2nd respondents to consider the representation of the petitioner dated 10.08.2021 against the order dated 04.08.2021 passed by the fifth respondent cancelling the renovation work undertaken by the petitioner Trust, of the Bajanai Madam of Sri Srinivasa Perumal Temple at No.1,LNP Kovil Street, Egmore, Chennai - 600 008 unilaterally.
For Petitioner : Mr.M.Ramamoorthi For Respondents : Mr.NRR.Arun Natarajan Government Advocate
ORDER
After some arguments, Mr.M.Ramamoorthi, learned counsel for writ petitioner sought leave of this Court to withdraw the captioned writ petition, but made a fervent prayer that the rights of the writ petitioner to assail a communication/ order dated 16.08.2021 made by the fifth respondent may please be preserved. To be noted, this communication is post cancellation order of the fifth respondent (dated 04.08.2021) and representation from the writ petitioner.
To be noted, petitioner's representation has been referred to in this 16.08.2021 communication / order of fifth respondent.
2. It is also to be noted that 04.08.2021 cancellation order and writ petitioner's representation constitute the prayer theme in captioned writ petition. Therefore, writ petitioner's aforementioned request to preserve his rights acceded to.
3. In the light of the narrative thus far, request of the writ petitioner is acceded to. Captioned writ petition is dismissed as withdrawn albeit preserving the rights of the writ petitioner in the aforesaid manner. There shall be no order as to costs. Consequently, connected WMPs are closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar gpa
To
1. The Additional Chief Secretary Government of Tamil Nadu Department of Tourism, Culture and Religious Endowments Department Secretariat, Fort St.George Chennai - 600 009
2. The Principal Secretary and Commissioner Hindu Religious ad Charitable Endowments Department No.119, Uthamar Gandhi Road Nungambakkam, Chennai - 600 034
3. The Joint Commissioner, Chennai Region Circle -1 Hindu Religious ad Charitable Endowments Department No.127, Yadhava Street Padi, Chennai- 600 050
4. The Assistant Commissioner Hindu Religious and Charitable Endowments Department No.127, Yadhava Street Padi, Chennai - 600 050
5. The Executive Officer Arulmighu Srinivasa Perumal Temple No.6, LNP Kovil Street Egmore, Chennai - 600 008 +1cc to the Government Pleader, S.R.No.47667 +1cc to Mr.A.S.Kailasam & Associates, S.R.No.47587 W.P.No.19464 of 2021 & W.M.P.No.20755 of 2021 SRII(CO) PM/07/10/2021