E.Annamalai v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 31406 of 2023 E.Annamalai ... Petitioner -vs1. The Government of Tamil Nadu, Represented by its Secretary, Hindu Religious & Charitable Endowment Department, Fort St. George, Chennai - 600 009.

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

3. The Joint Commissioner/Executive Officer, Arulmighu Arunasaleswarar Thirukovil, Thiruvannamalai.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order passed by the Third Respondent in Na. Ka. No. 838/2023/A7 dated 25.10.2023 rejecting the representation dated 12.06.2023 made by the Petitioner for recognizing him as 'KombuMaistry', quash the same and consequently direct the Third Respondent to recognition to 1/4

the Petitioner as KombuMaistry by considering the representation dated 12.06.2023 made by the Petitioner to the Third Respondent. For Petitioner :

Mr. K.Venkatesan For Respondents :

Mr. N.R.R.Arun Natarajan, Special Government Pleader

O R D E R

When it was pointed out that the Petitioner has got an effective alternative remedy to challenge the Proceedings in Na. Ka. No. 838/2023/A7 dated 25.10.2023 passed by the Third Respondent, which is impugned in this Writ Petition, by filing revision under Section 21 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, before the First Respondent, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition with liberty to resort to the aforesaid procedure and he has made an endorsement to that effect in the court record. In fine, the Writ Petition is dismissed as withdrawn granting such liberty.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., 01.11.2023, till the date on which the certified copy of this order is made ready 2/4

by the Registry, shall be excluded. Consequently, the connected Miscellaneous Petition is closed. No costs.

09.11.2023 Index: Yes/No NCC: Yes/No Note: (i) Issue order copy on 16.11.2023.

(ii) Registry is directed to return the impugned order under written acknowledgment after retaining a copy of the same for record.

vjt To

1. The Secretary to Government of Tamil Nadu, Hindu Religious & Charitable Endowment Department, Fort St. George, Chennai - 600 009.

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

3. The Joint Commissioner/Executive Officer, Arulmighu Arunasaleswarar Thirukovil, Thiruvannamalai.

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P.D. AUDIKESAVALU, J.

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