M.Thiyagarajan v. The Joint Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.10.2025
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No. 39069 of 2025 and W.M.P.Nos 43813 & 43814 of 2025 M.Thiyagarajan ..Petitioner Vs.
1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Erode.
2.The Executive Officer, Arulmighu Palapattarai Mariamman Temple, Namakkal Town, Namakkal Taluk and District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of Writ of Certiorari, to call for entire records pertaining to the impugned summons dated 16.04.2025 issued by the 1st respondent vide Miscellaneous Petition No. 28/2025/Aa1, so far as eviction proceedings and quash the same with consequential direction directing the Respondents herein to fix the fair rent pertaining to the land situate in Namakkal Town, Door No. 53, Opposite to Arulmigu Palapattarai Mariamman thirukovil, by providing opportunity of hearing to the Petitioner, as per section 34 of the TN HR and CE Act and the law laid down 1/4
by this Honble court in the case of Arulmigu Angala Parameswari and Kasivishwanathaswami Temple Adimanaiveel House Owners Association Vs State of Tamil Nadu, reported in 2009(6)CTC 512 and M.Gurusamy Nadar- Vs Commissioner, HR and Ce, reported in 2018(3) MWN (Civil) 167 and as per the Guideline dated 10.03.2023 issued by the Commissioner of HR and Ce in Na.K.NO.4551/2022/M2 and in the light of the order dated 23.02.2022 passed by the Honble High Court of Madras in W.P. 3842 of 2022, by considering the Petitioners reply dated 15.11.2023 sent to the 2nd respondent. For Petitioner : Mr.S.Senthil For Respondents : Mr.N.R.R.Arun Natarajan Special Government Pleader (HR & CE)
ORDER
Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner seeks permission to withdraw the Writ Petition. He has also made an endorsement to that effect.
2. In view of the submission and endorsement made by the learned counsel for the petitioner, this Writ Petition is dismissed as withdrawn granting liberty to the petitioner to file a fresh writ petition with appropriate prayer.. No costs. Consequently, connected miscellaneous petitions are closed. 2/4
16.10.2025 Index: Yes/No Speaking (or) Non Speaking Order kkn To 1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Erode.
2.The Executive Officer, Arulmighu Palapattarai Mariamman Temple, Namakkal Town, Namakkal Taluk and District.
M.DHANDAPANI, J.
KKN 3/4
W.P.No. 39069 of 2025 16.10.2025 4/4