Chandira Shanmugam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.10.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. Nos. 30455 and 30457 of 2023 Chandira Shanmugam ... Petitioner -vs1. The District Collector,

2. The Commissioner, Hindu Religious & Charitable Endowments Department, Uthammar Gandhi Salai, Nungambakkam, Chennai - 600 034.

3. The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Villupuram.

4. The Assistant Commissioner, Hindu Religious & Charitable Endowments Department, Villupuram.

5. The Tahsildar, Villupuram,

6. The Thakkar, Arulmigu Varadaraja Perumal Thirukoil, Koliyanur, Villupura Taluk & District.

...

Respondents 1/5

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorari, calling for the records and to quash the order of the Third Respondent dated 29.08.2023 passed in Se. Mu. M.P. No. 257/2021/Aa2.

For Petitioner :

Mr. E.J.Ayyappan For Respondents :

Mr. U.Baranidharan, Additional Government Pleader (for R1 & R5) Mr. N.R.R.Arun Natarajan, Special Government Pleader (for R2 to R4)

O R D E R

When it was pointed out that the Petitioners have an effective alternative remedy to institute suit in the jurisdictional Civil Court in terms of Section 79(2) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, for the relief that has been sought in this Writ Petition, Learned Counsel for the Petitioners seeks permission of this Court to withdraw the Writ Petition with liberty to the Petitioners to resort to the same and he has made an endorsement to that effect in the court record.

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2.

In view of the same, the Writ Petition is dismissed as withdrawn granting such liberty. It is made clear that for the purpose of reckoning limitation for availing the aforesaid remedy, the period from the date of filing of the Writ Petition, viz., 16.10.2023, till the date on which the certified copy of this order is made ready by the Registry, shall be excluded. Consequently, the connected Miscellaneous Petitions are closed. No costs. 31.10.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 16.11.2023.

vjt To

1. The District Collector,

2. The Commissioner, Hindu Religious & Charitable Endowments Department, Uthammar Gandhi Salai, Nungambakkam, Chennai - 600 034.

3. The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Villupuram.

4. The Assistant Commissioner, Hindu Religious & Charitable Endowments Department, Villupuram.

3/5

5. The Tahsildar, Villupuram,

6. The Thakkar, Arulmigu Varadaraja Perumal Thirukoil, Koliyanur, Villupura Taluk & District.

4/5

P.D. AUDIKESAVALU, J.

vjt 31.10.2023 5/5