K.S.Chinnapalani Kiramani v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. Nos. 18547 to 18549 of 2023 K.S.Chinnapalani Kiramani ... Petitioner -vs1. The Commissioner, HR & CE Department, No. 119, Uthamar Gandhi Street, Nungambakkam, Chennai - 600 034.

2. The Executive Officer, Arkishwarar Temple, Pamal, Chennai - 600 075.

3. A.Thanikachalam (R3 is impleaded vide order dated 01.11.2023 in W.M.P. No. 31062 of 2023) ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned undated notice of the Second Respondent and quash the same and consequently forbear the Respondents from interfering with the affairs and administration of the Gangai Amman Temple. 1/4

For Petitioner :

Mr. Harish Parvatham For Respondents :

Mr. K.Karthikeyan, Government Advocate (for R1 & R2) Mr. V.Srikanth (for R3) O R D E Heard Mr. Harish Parvatham, Learned Counsel for the Petitioner, Mr. K.Karthikeyan, Learned Government Advocate appearing for the First and Second Respondents and Mr. V.Srikanth, Learned Counsel appearing for the Third Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

According to the Petitioner, the property situated at S. No. 126/1 at Anna Salai, Pammal belongs to the Arulmigu Gangai Amman Temple, and that he is the hereditary trustee of that temple, but a public notice has been affixed in the said property informing that it belongs to the Temple of the Second Respondent and that action would be taken against anyone trespassing into that property, which is assailed in this Writ Petition.

3.

When it is pointed out that the Petitioner has not produced any material to show that he is the hereditary trustee of the Arulmigu Gangai Amman 2/4

Temple, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner to work out his remedies before the proper forum in the manner recognized by law and he has made an endorsement to that effect in the court record. In the result, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. Consequently, the connected Miscellaneous Petitions are closed. No costs.

01.11.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 14.02.2024.

nsl/vjt To

1. The Commissioner, HR & CE Department, No. 119, Uthamar Gandhi Street, Nungambakkam, Chennai - 600 034.

2. The Executive Officer, Arkishwarar Temple, Pamal, Chennai - 600 075.

3/4

P.D. AUDIKESAVALU, J.

nsl/vjt 01.11.2023 4/4