Mr.S.Elumalai v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 7247 of 2016 S.Elumalai ... Petitioner -vs1. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai - 600034.

2. The Executive Officer, Arulmigu Gangatheeswarar Thirukoil, Purasawalkam, Chennai - 600084.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai - 600034.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorari, calling for the records relating to the impugned order passed by the First Respondent in Na. Ka. No. 570/2009/A2, dated 22.12.2015 and to quash the same.

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For Petitioner : Mr. P.Subramanian For Respondents : Mr. K.Karthikeyan, Government Advocate

O R D E R

When it was pointed out that the Petitioner has an effective alternative remedy to institute suit in the jurisdictional Civil Court in terms of Section 79(2) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, for the relief that has been sought in this Writ Petition, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to the same and he has made an endorsement to that effect in the court record.

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In view of the same, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, the connected Miscellaneous Petition is closed. No costs.

24.11.2022 Maya Index: Yes/No Note: Issue order copy by 08.12.2022.

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To

1. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai - 600034.

2. The Executive Officer, Arulmigu Gangatheeswarar Thirukoil, Purasawalkam, Chennai - 600084.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai - 600034.

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P.D. AUDIKESAVALU, J.

Maya 24.11.2022 4/4