S.Sundharam v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU S.Sundharam ... Petitioner -vs1. The Commissioner (HR&CE) Office of the Hindu Religious & Charitable Endowments Nungambakkam, Chennai - 600 034.

2. The Deputy Commissioner (HR&CE) Office of the Hindu Religious & Charitable Endowments Kancheepuram - 600 034.

3. The Executive Office (HR&CE) Arulmigu Kandaswamy Thirukoil Thiruporur Taluk Chengalpattu District.

4. The District Collector Office of the Collectorate Tiruporur - 603 110.

5. The Tahsildar Office of the Tahsildar Thiruporur Taluk Chengalpattu District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the respondents herein to consider the representation dated 07.09.2023 accordance with law, seeking stay 1/4

of further proceedings of the third respondent until pending disposal of the appeals remanded back to the High Court by the Supreme Court of India. For Petitioner :

Mr. S.Sankaran For Respondents :

Mr. N.R.R.Arun Natarajan, SGP

O R D E R

Heard Mr. S.Sankaran, Learned Counsel for the Petitioner 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.

It is borne out from the materials placed on record that the relief sought by the Petitioner in this Writ Petition relates to the pending Second Appeals in S.A. Nos. 543 to 545 of 1994 in this Court.

3.

When it is pointed out that it would have possible for this Court to entertain parallel proceedings and the Petitioner would have to work out his rights in the said appeals, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition with liberty to resort to the said procedure and he has made an endorsement to that effect in the court record. 2/4

In the result, the Writ Petition is dismissed as withdrawn granting such liberty. No costs.

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

To

1. The Commissioner (HR&CE) Office of the Hindu Religious & Charitable Endowments Nungambakkam, Chennai - 600 034.

2. The Deputy Commissioner (HR&CE) Office of the Hindu Religious & Charitable Endowments Kancheepuram - 600 034.

3. The Executive Office (HR&CE) Arulmigu Kandaswamy Thirukoil Thiruporur Taluk Chengalpattu District.

4. The District Collector Office of the Collectorate Tiruporur - 603 110.

5. The Tahsildar Office of the Tahsildar Thiruporur Taluk Chengalpattu District.

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P.D. AUDIKESAVALU, J.

Maya W.P. No. 29284 of 2023 Dated : 11.10.2023 4/4