Mr.B.Munivel v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU B.Munivel ... Petitioner -vs1. The Commissioner, Hindu Religious and Charitable Endowment Department, No. 119, Mahatma Gandhi Road, Thousand Lights West, Nungambakkam, Chennai - 600 034.

2. The District Collector, District Collectorate Building, Thiruvallur - 602 001.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Assistant Commissioner Office, Thiruvallur District - 602 201.

4. Shri Yoga Sastha Iyappa Seva Trust, Iyyan Thiruvalluvar Nagar, I.A.F., Muthapudupet, Avadi, Chennai - 600 054.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First and Third Respondents to appoint any officer to monitor the activities and to maintain the accounts of the Shri Yoga Sastha Iyappan Temple situated at Ayyan 1/4

Thiruvalluvar Nagar, Muthapudupet, I.A.F., Avadi, Chennai - 600 055 within a stipulated period.

For Petitioner :

Mr. A.Vijayakannan For Respondents :

Mr. C.Jayaprakash, Government Advocate (for R1 & R3) Mr. S.Yashwanth, Additional Government Pleader (for R2)

O R D E R

Heard Mr. A.Vijayakanna, Learned Counsel for the Petitioner, Mr. C.Jayaprakash, Learned Government Advocate, who takes notice for the First and Third Respondents, and Mr. S.Yashwanth, Learned Additional Government Pleader, who takes notice for the Second Respondent, and perused the materials placed on record, apart from the pleadings of the parties. 2.

The Writ Petition has been filed for directing the First and Third Respondents to appoint any officer to monitor the activities and to maintain the accounts of the Temple of the Fourth Respondent. 3.

When it was pointed out by Learned Government Advocate appearing for the First and Third Respondents that the Temple of the Fourth Respondent does 2/4

not fall within the purview of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the right of the Petitioner to pursue his legal remedies before the proper forum in the manner recognized by law and he has made an endorsement to that effect in the court record. In view of the same, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. No costs.

11.10.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 31.10.2023.

vjt To

1. The Commissioner, Hindu Religious and Charitable Endowment Department, No. 119, Mahatma Gandhi Road, Thousand Lights West, Nungambakkam, Chennai - 600 034.

2. The District Collector, District Collectorate Building, Thiruvallur - 602 001.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Assistant Commissioner Office, Thiruvallur District - 602 201.

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P.D. AUDIKESAVALU, J.

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