A.Srinivasan v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 28166 of 2022

1. A.Srinivasan

2. A.Ragothaman ... Petitioners -vs1. The Joint Commissioner, Hindu Religious Charitable Endowment Department, Villupuram, Villupuram District.

2. The Executive Officer, Arulmigu Athulyanatheswarar Temple, Kandachipuram Taluk, Arakandanallur, Villupuram District.

3. The District Revenue Officer, Villupuram District, Villupuuram.

... Respondents 1/4

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorari, calling for the records from the First Respondent relating to the proceedings in M.P. No. 22/2022/AA2 dated 26.08.2022 and quash the same and award costs. For Petitioners :

Mr. S.Ayyathurai For Respondents :

Mr. N.R.R.Arun Natarajan, Special Government Pleader (for R1 & R2) Mr. P.Balathandayutham, Special Government Pleader (for R3)

O R D E R

When it is pointed out that the nature of right in the property claimed by the Petitioners would have to be determined only in a properly framed suit before the jurisdictional civil court, Learned Counsel for the Petitioners seeks permission of the Court to withdraw the Writ Petition with liberty to the Petitioners to resort to the aforesaid procedure and he has made an endorsement to that effect in the court record.

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In view of the same, the Writ Petition is dismissed as withdrawn, granting such liberty. Consequently, the connected Miscellaneous Petition is closed. No costs.

02.11.2022 2/2 vjt Index: Yes/No Note: (i) Issue order copy by 16.11.2022 (ii) Registry is directed to return the impugned order under written acknowledgment after retaining a copy of the same for record.

To

1. The Joint Commissioner, Hindu Religious Charitable Endowment Department, Villupuram, Villupuram District.

2. The Executive Officer, Arulmigu Athulyanatheswarar Temple, Kandachipuram Taluk, Arakandanallur, Villupuram District.

3. The District Revenue Officer, Villupuram District, Villupuuram.

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P.D. AUDIKESAVALU, J.

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