A.Banukumaran v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU A.Banukumaran ... Petitioner -vs1. The Commissioner, Hindu Religious and Charitable Endowments, No. 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2. The Assistant Commissioner, Hindu Religious and Charitable Endowments, Padi, Chennai - 600 050.

3. Thiruvannamalai Kundrakudi Adheenam Ponnambala Desiga Paramacharaya Swamigal, Represented by its Adheenakarthar Sri La Ponnambala Desiga Paramacharaya Swamigal, Having Office at Hotel Karpagam, No. 19, South Mada Street, Mylapore, Chennai - 600 004.

...

Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to dispose of the representation dated 07.09.2023 for ratification of the sale deed 19.09.1983 registered as Document No. 3301 of 1983 executed and registered 1/4

by the Third Respondent in respect of the house property bearing Plot No. 6/11, Kundrakudi Nagar, First Street, Adambakkam, Chennai - 600 088 admeasuring an extent of 3300 sq. ft. comprised in Survey No. 234/3 & 4 consisting of ground and first floor.

For Petitioner :

Mr. L.Dhamodharan For Respondents :

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

O R D E R

Heard Mr. L.Dhamodharan, Learned Counsel for the Petitioner and Mr. N.R.R.Arun Natarajan, Learned Special Government Pleader appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

Since it has been brought to notice that the Petitioner has already filed a suit in O.S. No. 502 of 2023 before the District Court, Chengalpattu, relating to the property against the Respondents and he could seek the relief sought in this Writ Petition in that proceeding itself, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner to resort to that procedure raising all contentions in that regard and he 2/4

has made an endorsement to that effect in the court record. In fine, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. No costs.

08.12.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 28.02.2024.

vjt To

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

2. The Assistant Commissioner, Hindu Religious and Charitable Endowments, Padi, Chennai - 600 050.

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P.D. AUDIKESAVALU, J.

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