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Madras High CourtWP/21641/2019dismissed as withdrawal

C.M.Subramanian v. The Joint Commissioner,

2019-07-24Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2019

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No. 21641 of 2019 and W.M.P. No. 20864 of 2019 C.M. Subramanian, Fit Person, Arulmighu Kurumbadase Gowder, Sri. Koopidu Vinayagar Temple, Edayar Street, Coimbatore.

... Petitioner Vs.

1. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Commercial Tax Building, Ground Floor, Dr. Balasundaram Road, Coimbatore - 641 018.

2. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Commercial Tax Building, Ground Floor, Dr. Balasundaram Road, Coimbatore - 641 018.

3. The Executive Officer, Arulmighu Baladhandapaniswamy Thirukovil, Sukravarpet, Coimbatore.

... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for records of the First Respondent by proceedings in SEMUNAKA No. 9165/2019/AA3 dated 03.07.2019 and quash the same and consequently direct the First Respondent to desist from interfering in any manner within the administration of Arulmigu Kurumbadase Sri Koopidu Vinayagar Temple situated at Edayar Street, Coimbatore.

For Petitioner : Mr. P. Saravana Sowmiyan For Respondents : Mr. M. Maharaja Special Government Pleader (HR & CE)

O R D E R

When it was pointed out by Mr. M. Maharaja, Learned Special Government Pleader (HR & CE), who takes notice for the Respondents, that the Petitioner has got an effective alternative remedy to challenged the order impugned in the Writ Petition under Section 21 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, 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, which is recorded. 2.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, connected Miscellaneous Petition is closed. No costs.

-s/d- Assistant Registrar(CS-I) True Copy Sub-Assistant Registrar maya To

1. The Joint Commissioner Hindu Religious and Charitable Endowment Department Commercial Tax Building, Ground Floor, Dr. Balasundaram Road, Coimbatore - 641 018.

2. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Commercial Tax Building, Ground Floor, Dr. Balasundaram Road, Coimbatore - 641 018.

3. The Executive Officer, Arulmighu Baladhandapaniswamy Thirukovil, Sukravarpet, Coimbatore.

Copy to The Section officer Writ Section High Court, Madras 104.

(To return the original impugned order) +1 CC to Mr.P. Saravana Sowmiyan, Advocate sr 63874. W.P.No.21641 of 2019 and W.M.P. No. 20864 of 2019 NR(CO) SP(19/08/2019)