Thalayanallur Shir Ponkaliamman Kudipattu, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU Thalayanallur Shri Ponkaliamman Kudipattu Vetuvagoundergal Nala Arakattalai, Represented by its Secretary, Mr. Ponsaravanan Puligounder, No. 73, Kothalam, Kottaikatuvalsasu, Kodumudi, Erode District - 638 109.

... Petitioner -vs1. The Commissioner, Hindu Religious and Charitable Endowments Department, No. 119, Uthhamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments, Dr. Balasundaram Road, Coimbatore.

3. The Executive Officer, Sri Ponkaliamman Koil, at A/m. Mahudeswarar Veeranarayana Perumal Koil premises, Kodumudi, Erode District - 638 151.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent to act upon the representation of the Petitioner dated 25.04.2023 and consequently 1/4

forbear the Second and Third Respondents from further proceeding with the ongoing restoration activities Pongaliamman Temple is situated at Thalayanallur, Sivagiri, Kodumudi Taluk, Erode District. For Petitioner :

Mr. B.Pachaiyappan For Respondents :

Mr. K.Karthikeyan, Government Advocate

O R D E R

Heard Mr. B.Pachaiyappan, Learned Counsel for the Petitioner, Mr. K.Karthikeyan, Learned Government Advocate who takes notice for the Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

Since the rival claimants to the rights sought to be exercised by the Petitioner have not been made as parties, Learned Counsel for the Petitioner seeks permission of the Court to withdraw this Writ Petition reserving the right of the Petitioner to file a fresh Writ Petition relating to the same matter with all relevant documents and impleading necessary parties. 2/4

In fine, the Writ Petition is dismissed as withdrawn granting such liberty.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

16.11.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 31.01.2024.

vjt To

1. The Commissioner, Hindu Religious and Charitable Endowments Department, No. 119, Uthhamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments, Dr. Balasundaram Road, Coimbatore.

3. The Executive Officer, Sri Ponkaliamman Koil, at A/m. Mahudeswarar Veeranarayana Perumal Koil premises, Kodumudi, Erode District - 638 151.

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P.D. AUDIKESAVALU, J.

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