D.Subramaniam v. The Joint Commissioner/ Executive Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2018

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P. Nos.31483, 31487, 31490, 31492, 31498, 31499 and 31503 of and W.M.P.Nos.36689, 36690, 36696 to 36699, 36703, 36705. 36710, 36712, 36714, 36715, 36718 and 36720 of 2018 D.Subramaniam .. Petitioner in W.P.31483 of 2018 N.Umapathi, S/o.Narayanasamy .. Petitioner in W.P.31487 of 2018 P.S.Kishorkumar, S/o.Subramanian .. Petitioner in W.P.31490 of 2018 M.Subramani S/o.Murugesan .. Petitioner in W.P.31492 of 2018 P.Ramakrishnan S/o.Paramasiva Nadar .. Petitioner in W.P.31498 of 2018 Manimagalai W/o.Kasinatha Mudaliar .. Petitioner in W.P.31499 of 2018 R.Swaminathan S/o.Rajagopal .. Petitioner in W.P.31503 of 2018

Versus

The Joint Commissioner/Executive Officer, Arulmighu Subramaniya Swamy Thirukkoil, Thiruttani, Thiruvallur District.

..Respondent in All WPs.

COMMON PRAYER in W.P.No.31483, 31487, 31490, 31492, 31498, 31499 and 31503 of 2018:- Writ petition filed under Article 226 of the Constitution of India praying for a writ of Certiorarifed Mandamus, calling for all relevant records pertaining to the orders issued by The Joint Commissioner / Executive Officer, Arulmighu Subramaniya

Swamy Thirukkoil, Thiruttani, the respondent herein vide his proceedings Na.Ka.1012/2013-2018/C1 dated 31.10.2018 and quash the same as illegal, arbitrary, unreasonable, being violative of principles of natural Justice and thereby direct the respondent herein to strictly follow as per G.O.Ms.No.456 Tamil Development, Charitable Endowments and Information (Aa.Ni 4-2) Department, dated 09.11.2007 and continue to fix and collect the rent as per this Government order for No.299, 210, 214 for the Petitioners Kandasamy Mudali Street, 27, 300 and 302 For Petitioners : Mr.A.R.Suresh in all W.P.S For Respondents : Mr.M.Maharaja in all W.Ps Special Government Pleader (HR & CE) COMMON ORDER Learned counsel for the petitioners seeks permission of this Court to withdraw these Writ Petitions and made the following endorsement:

"The petitioners in W.P.No.31483/2018, W.P.No.31487/2018, W.P.No.31490/2018, W.P.No. 31492/2018, W.P.No.31498/2018, W.P.No.31499/2018 and W.P.No.31503/2018, (7 writ petitions) may be permitted to withdraw these writ petitions with liberty to represent the same before the Commissioner of H.R & C.E without reference to limitation and oblige."

2.

In view of the endorsement made by the learned counsel for the petitioner, these Writ Petitions are dismissed as withdrawn with liberty to re-present the same before the appellate authority within a period of one week time from the date of receipt of a copy of this Order. The concerned authority is directed to consider the time taken in prosecuting these writ petitions, while determining the period of limitation. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Srn/av (Note :The Registry is directed to return the original impugned order to the learned counsel for the petitioner.)

To The Joint Commissioner/Executive Officer, Arulmighu Subramaniya Swamy Thirukkoil, Thiruttani, Thiruvallur District.

+7cc to Mr.A.R.Suresh, Advocate, S.R.No.82591 & 82797 +1cc to the Special Government Pleader(HR & CE), S.R.No.83585 W.P. Nos.31483, 31487, 31490, 31492, 31498, 31499 and 31503 of 2018 and W.M.P.Nos.36689, 36690, 36696 to 36699, 36703, 36705. 36710, 36712, 36714, 36715, 36718 and 36720 of 2018 NMI(Co) CS/29/01/2019