M.Muniyappan v. The Deputy Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 25934 of 2022 M.Muniyappan ... Petitioner -vs1. The Deputy Commissioner, Hindu Religious and Charitable Endowments Department, Salem.

2. The Assistant Commissioner, Hindu religious and Charitable Endowments Department, Dharmapuri,

3. The Inspector, Arulmighu Kasi Viswanathar Temple, Hindu Religious and Charitable Endowments Department, Palacode - 636 808, Dharmapuri District.

4. Mallika ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, forbearing the Third Respondent herein from evicting/dispossessing the Writ Petitioner from the lands under his possession and cultivation, continuously for over 60 years now in S. No. 199/1 of Pulikal Revenue Village, Palacode Taluk, Dharmapuri District measuring 1/4

1.60 acres out of total extent of 16.70 acres without following due process of law.

For Petitioner :

Ms. S.Sridevi For Respondents :

Mr. N.R.R.Arun Natarajan, Special Government Pleader (for R1 to R3)

O R D E R

Heard Ms. S.Sridevi, Learned Counsel for the Petitioner and Mr. N.R.R.Arun Natarajan, Learned Special Government Pleader who takes notice for the First to Third Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.

Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the right of the Petitioner to seek redressal under the provisions under the Tamil Nadu Cultivating Tenants Protection Act, 1955, and she has made an endorsement to that effect in the court record. Though obvious, it is made clear that no view has been expressed by the Court on the merits of the controversy involved in the matter. 2/4

In fine, the Writ Petition is dismissed as withdrawn with the aforesaid clarification. Consequently, the connected Miscellaneous Petition is closed. No costs.

11.10.2022 vjt Index: Yes/No Note: Issue order copy by 04.11.2022.

To

1. The Deputy Commissioner, Hindu Religious and Charitable Endowments Department, Salem.

2. The Assistant Commissioner, Hindu religious and Charitable Endowments Department, Dharmapuri,

3. The Inspector, Arulmighu Kasi Viswanathar Temple, Hindu Religious and Charitable Endowments Department, Palacode - 636 808, Dharmapuri District.

3/4

P.D. AUDIKESAVALU, J.

vjt 11.10.2022 4/4