N. Loganathan v. S. Subramani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2021 CORAM :

THE HON'BLE MR.M.DURAISWAMY, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.A.No.2819 of 2021 N.Loganathan .. Appellant/ Petitioner/3rd Party vs

1. S.Subramani

2. Nachimuthu

3. Muthusamy .. Respondents 1 to 3/ Respondents1 to 3/ Petitioners

4. The Joint Commissioner Hindu Religious and Charitable Endowments Department Salem - 636 001.

5. The Assistant Commissioner Hindu Religious and Charitable Endowments Department Salem - 636 001.

6. The Fit Person / E.O.

Arulmigu Varatha Raj Perumal Temple Orukamalai, Sangakari (T.K.) Salem.

..4 to 6 Respondents / Respondents4 to 6/ 1 to 3 Respondents Prayer: Appeal under Clause 15 of the Letters Patent against the impugned order dated 19.5.2021 made in Review Appln (Writ) No.78 of 2021 in W.P.No.9143 of 2020 by the learned Single Judge. Prayer: Review Application filed under Order 47, Rules 1 & 2 read with Section 114 of C.P.C. to review the final order passed by this Court in W.P. No.9143 of 2020 on 02.02.2021 and to allow the revision petition.

Prayer in WMP.No.12283 of 2021:This petition filed under special original Jurisdiction that this Hon'ble Court may be pleased to stay the Operation of the final order passed by the Our Hon'ble High Court of Judicature in COP.No.9143 of 2020 on 02/02/2021 till pending disposal of the above Review Petition. Prayer in WP.No.9143 of 2020: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorari calling for the entire records pertaining to the Order dated 02.03.2020 of the 2nd Respondent made in Se.Mu.Na. Ka.No.982/2020/A2 in appointing Fit Person and quash the same and consequently quash the notice of the 3rd Respondent dated 21.03.2020 to handover charge of the temple.

For the Appellant : Mr.Abrar Mohammed Abdullah for M/s.V.P.K.Gowtham For the Respondents : Mr.S.Arumugam Government Advocate for respondents 4 to 6

JUDGMENT

(Delivered by the Hon'ble Acting Chief Justice) Mr.Abrar Mohammed Abdullah, learned counsel appearing for the appellant, seeks permission to withdraw the appeal with liberty to workout his remedy in accordance with law.

2. In view of the submission made by learned counsel appearing for the appellant, the writ appeal is dismissed as withdrawn. It is open to the appellant to workout his remedy in accordance with law. Consequently, C.M.P.Nos.18816 and 18818 of 2021 are closed. There will be no order as to costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar bbr

To:

1. The Joint Commissioner Hindu Religious and Charitable Endowments Department Salem - 636 001.

2. The Assistant Commissioner Hindu Religious and Charitable Endowments Department Salem - 636 001.

3. The Fit Person / E.O.

Arulmigu Varatha Raj Perumal Temple Orukamalai, Sangakari (T.K.) Salem.

+1 cc to Government Pleader Sr.NO. 59553 W.A.No.2819 of 2021 AK II(CO) A.SK(26.11.2021)