P.Ponnusamy v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2024

CORAM

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

2. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Salem - 636 001.

3. S.Rajagopal ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Second Respondent, i.e., Joint Commissioner, Hindu Religious and Charitable Endowment Department, Salem to handover the administration rights over the Temple, viz., Arulmigu Sri Siddeswarar Thirukoil, Palamalai, Mettur, Salem District based on the judgment and decree passed in O.S. No. 216 of 1989 dated 13.08.1992 on the file of the Sub-Court, Sankari, Salem District had declared that the 1/4

Petitioner and the brothers are the Hereditary Trustees of the Temple by considering the Petitioner's representation dated 21.09.2023 within a stipulated time fixed by this Court.

For Petitioner :

Mr. N.Vijaya Basker For Respondents :

Mr. N.R.R.Arun Natarjan, Special Government Pleader (for R1 & R2)

O R D E R

When it was pointed out that the relief sought by the Petitioner in the Writ Petition cannot be granted as neither Arulmigu Sri Siddeswarar Temple, Palamalai, Mettur, Salem nor the authorities of the Hindu Religious and Charitable Endowments Department of the Government of Tamil Nadu have not been made as party in O.S. No. 216 of 1989 before the Sub-Cout, Sankari Salem based upon its judgment and decree dated 13.08.1992, relief has been sought in the Writ Petition, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner to initiate appropriate legal proceedings by impleading necessary parties along with supporting documents and he has made an endorsement to that effect in the court record.

2/4

In view of the same, the Writ Petition is dismissed as withdrawn with the aforesaid clarification. No costs.

08.01.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 22.04.2024.

vjt To

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

2. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Salem - 636 001.

3/4

P.D. AUDIKESAVALU, J.

vjt 08.01.2024 4/4