Nethaji v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.11.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU

1. Nethaji

2. Mathaiyan ... Petitioners -vs1. The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam High Road, Chennai.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Salem.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Second Respondent to dispose of the Petitioner's application dated 12.09.2022. For Petitioner :

Mr. M.Selvam For Respondents :

Mr. N.R.R.Arun Natarajan, Special Government Pleader 1/4

O R D E R

Heard Mr. M.Selvam, Learned Counsel for the Petitioners and Mr. N.R.R.Arun Natarajan, Learned Special Government Pleader, who takes notice for the Respondents, and perused the materials placed on record, apart from the pleadings of the parties.

2.

This Writ Petition had been filed for directing the Second Respondent to pass orders on the representation dated 12.09.2022 made by the Petitioners for treating them as 'lessees' of the property, which is now occupied by them. 3.

Learned Special Government Pleader appearing for the Respondents states that the Temple to which the property belongs, has not been made as a party to the Writ Petition and the Petitioners have to get patta of the property, which is now wrongly obtained in the name of the Petitioners, transferred to the said Temple in order to be treated as lessees of the said property. In such circumstances, Learned Counsel for the Petitioners states that the Petitioners would take necessary action before the concerned authority in that regard and seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioners to pursue for any other relief, if such necessity arises, before 2/4

the proper forum in the manner recognized by law and he has made an endorsement to that effect in the court record. 4.

In fine, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. No costs.

14.11.2022 2/2 vjt Index: Yes/No Note: Issue order copy by 28.11.2022.

To

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam High Road, Chennai.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Salem.

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P.D. AUDIKESAVALU, J.

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