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Madras High CourtWP/16934/2020disposed of

Ashers Restaurant And Services Pvt Ltd v. The Commissioner

2024-11-19Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P.Nos.21017, 21018, 21019 and 21020 of 2020 ASHERS RESTAURANT AND SERVICES PVT LTD Represented by its Managing Director No.S4C, Phase 1, 2nd floor, Spencer Plaza, Anna Salai, Chennai - 600 002 ... Petitioner (in both WPs) vs.

1.The Commissioner Hindu Religious and Charitable Endowment Department, No.119, Mahatma Gandhi Road, Nungambakkam, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Mahatma Gandhi Road, Nungambakkam, Chennai - 600 034.

3.The Executive Officer Arulmigu Siddhi Budhhi Vinayagar & Sunderaswarar Thirukovil, Muthu Street, Royapettah, Chennai - 600 014.

4.Arulmigu Siddhi Budhhi Vinayagar & Sunderaswarar Thirukovil, Muthu Street, Royapettah, Chennai - 600 014.

... Respondents (in both WPs) 1/4

PRAYER in W.P.No.16934 of 2020: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to issuance of the order dated 01.09.2019 issued by the 3rd respondent herein and quash the same as illegal and consequently directing the respondents permitting the petitioner herein to carry out the repair and beautification work in the leased premises bearing No.62, Cathedral road, Gopalapuram, Chennai - 600 086 for running the restaurant business forthwith.

PRAYER in W.P.No.16935 of 2020: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to issuance of the order dated 01.09.2019 issued by the 3rd respondent herein in revoking the permission granted to use vacant land belongs to the 4th respondent for car parking facility by the petitioner herein vide letter dated 17.05.2017 and quash the same as illegal and consequently directing the respondents permitting the petitioner herein to use vacant land belongs to the 4th respondent for car parking facility by the petitioner herein for running their restaurant business as per the permission granted by the 3rd respondent vide letter dated 17.05.2017.

For Petitioner : Mr.R.Harishankar (in both WPs) For R1 and R2 : Mr.N.R.R.Arun Natarajan Special Government Pleader (in both WPs) For R3 and R4 : Mr.A.K.Sriram for M/s.Kailasam Associates (in both WPs) 2/4

C O M M O N O R D E R When the writ petitions are taken up for hearing, the learned counsel appearing for the petitioner submits that the impugned order dated 01.09.2019 was superseded by the order passed by the 1st respondent in R.P.No.122/2021 D2, dated 01.11.2022 and hence, nothing survives for further adjudication in these writ petitions.

2. The said submission of the learned counsel for the petitioner is recorded and the writ petitions are disposed of. No costs. Consequently, the connected writ miscellaneous petitions are closed. 19.11.2024 Index : Yes/No Speaking order:Yes/No dm To 1.The Commissioner Hindu Religious and Charitable Endowment Department, No.119, Mahatma Gandhi Road, Nungambakkam, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Mahatma Gandhi Road, Nungambakkam, Chennai - 600 034. 3/4

S.SOUNTHAR, J.

dm 19.11.2024 4/4