Thimmarayan v. The Assistant Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 26.08.2019

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.19806 of 2014 and M.P.Nos 1 & 2 of 2014 Thimmarayan

...Petitioner

Vs 1.

The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, Dharmapuri Division O/o. The Assistant Commissioner, Hindu Religious & Charitable Endowment Admin. Department, Dharmapuri District.

2. Fit Person A/m. Thimmarayasamy Temple, K.Naduhalli, Also Executive Officer, A/m.Muniappasamy Temple, P.Agrapharam, Sengunthar Kalyana Mandapam, Pennagaram Road, Dharmapuri Taluk & District.

..Respondents Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorari, calling for the entire records pertaining to the Impugned Order dated 27.12.2013 made in Se.Mu.Na.Ka.No.4362/2013/A3 passed by the 1st Respondent and quash the same.

For Petitioner : Mr.P.Sethu For Respondents : Mr.M.Maharaja, Special Govt. Pleader for R1

ORDER

Heard Mr.P.Sethu, learned counsel for the petitioner and Mr.M.Maharaja, learned Special Government Pleader for the first respondent and perused the materials available on record.

2. In view of the order passed in W.P.No.8348 of 2014, the learned Counsel for the petitioner seeks permission of this Court to withdraw this petition and he has also made an endorsement to the effect that "Kindly permit to withdraw above https://hcservices.ecourts.gov.in/hcservices/

writ petition with liberty to approach to Joint Commissioner, Salem, in respect of O.A.No.5/2014 to dispose the O.A.".

3. Accordingly, this writ petition is dismissed as withdrawn. However, considering the fact that the Original Application in O.A.No.5 of 2014 is pending for the past five years, the Joint Commissioner (H.R. & C.E.), Salem, is directed to consider the same and pass appropriate orders on merits and in accordance with law for a period of four months from the date of receipt of a copy of this order after providing opportunity to the necessary parties. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kal To The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, Dharmapuri Division O/o. The Assistant Commissioner, Hindu Religious & Charitable Endowment Admin Department, Dharmapuri District.

+1 cc to M/s.P.Sethu Advocate sr73247 +1 cc to Government Pleader sr74933 W.P.No.19806 of 2014 and M.P.Nos 1 & 2 of 2014 aa10/09/2019 https://hcservices.ecourts.gov.in/hcservices/