C.Selvakumar v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 22.08.2019

CORAM:

THE HON'BLE MR. JUSTICE P.D.AUDIKESAVALU W.P. No.24740 of 2019 and W.M.P. No.24389 of 2019 C.Selvakumar ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowment Department, Uthamar Gandhi Salai, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Coimbatore District.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, 4.The Executive Officer, A/m.Subramaniyasami Thirukoil, Sivan Malai, Tiruppur District. (Incharge of) A/m.Kaadaiyeeswarar Temple, Kaadayur Village, Kangeyam Taluk, ... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India, seeking for a Writ of Mandamus forbearing the Respondents, their men, or servants or agents or any one claiming under them from in any manner taking any coercive steps evicting or dispossessing the Petitioner from peaceful enjoyment and possession of the property at S.No.402/1, K.M.C.Mahal, Kaadayur Post, Kangeyam Taluk, Tiruppur District till the disposal of the revision petition dated 19.08.2019. For Petitioner : Mr. W.M. Abdul Majeed for Ms. G. Sumitra For Respondents: Mr. M. Maharaja, Special Government Pleader

O R D E R

When it is pointed out that the Statutory Authority before whom an appeal is preferred has inherent power to consider an application for interim stay of the orders impugned in that appeal even in the absence of express provision in that regard as held by this Court in Lipton India Ltd. -vs- Assistant Commissioner (CT), Central Assessment Circle I, Greams Road Madras [(1994) 95 STC 216 Mad] after referring to the decision of the Hon'ble Supreme Court of India, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to file such an application for interim stay during pendency of the revision before the First Respondent 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Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty.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.

Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, Uthamar Gandhi Salai, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Coimbatore District.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department,

4.The Executive Officer, A/m.Subramaniyasami Thirukoil, Sivan Malai, Tiruppur District. (Incharge of) A/m.Kaadaiyeeswarar Temple, Kaadayur Village, Kangeyam Taluk, +1cc to Ms. G. Sumitra, Advocate sr.72323 +1cc to The Special Government Pleader(HR & CE) sr.72879 W.P. No. 24740 of 2019 mp(co) nr 21/10/2019