V.Muthuvel v. The State Of Tamilnadu Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2017

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.25343 of 2004 and W.M.P.No.30821 of 2004 V.Muthuvel ... Petitioner Vs.

1. The State of Tamil Nadu, Rep. by its Secretary to Govt.

Department, Fort St. George, Chennai - 600 009.

2. The Commissioner, H.R. & C.E. Board Nungambakkam, Chennai - 600 034.

3. Joint Commissioner, Department, Thanjavur.

4. The Executive Officer, Durgai Amman Temple, pattukottai, Thanjavur District Incharge of Arulmigu Selliamman Temple, Yenathi-Palamuthi, Pattukottai, Thanjavur District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus to call for the records relating to Clause 12 of the circular issued by the second respondent in S.R.No.32222/2002-1/N1, dated 06.05.2004, quash the same and consequently, direct the second respondent to frame the proper rule after taking into consideration of all the various factors relating to the issue.

For Petitioner : Mr.Dhalapathy Vignesakumar, for Mr.S.M.Loganathan For Respondents : Mr.M.Maharaja for R1 to R3, Special Government Pleader(HR & CE).

No appearance for R4.

O R D E R

When the writ petition is taken up for hearing, the learned counsel appearing for the petitioner seeks permission of this Court to withdraw the above writ petition and has also made an endorsement to that effect.

2. The learned Special Government Pleader(HR & CE) appearing for the respondents submits that the matter is covered by the order passed by this Court in W.P.No.30592 of 2004, dated 31.07.2017, wherein this Court has held as follows: "2.Challenging the circular issued by the second respondent dated 06.05.2004 and for a consequential direction to the first respondent to frame the proper rule after taking into consideration all the various factors relating to the issue, the present writ petition has been filed.

3.The issue pertaining to Gosala is being considered by the Honourable First Bench, as submitted by the learned Special Government Pleader.

4.In such view of the matter, this Court does not find any reason to go into the issue sought to be raised in this writ petition. Accordingly, the writ petition is dismissed. No costs.

Consequently, connected miscellaneous petition is closed."

3. Following the above said order as well as the endorsement made by the learned counsel for the petitioner, this petition is dismissed. No Costs. Consequently, the connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar msvm/raa TO

1. The Secretary to Govt.

State of Tamil Nadu, Department, Fort St. George, Chennai - 600 009.

2. The Commissioner, H.R. & C.E. Board Nungambakkam, Chennai - 600 034.

3. Joint Commissioner, Department, Thanjavur.

+1cc to Mr.S.Loganathan, Advocate SR.No.60063 W.P.No.25343 of 2004 GN(14/09/2017)