Kuttiraja.V v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2023 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU and W.M.P. (MD) No. 358 of 2023 V.Kuttiraja ... Petitioner Vs.

1.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Virudhunagar.

3.The Special Officer for Arulmigu Senthatti Ayyanar Temple cum Executive Officer, Arulmigu Viswanathaswamy Temple, Sivakasi, Hindu Religious and Charitable Endowment Department, Virudhunagar District.

4.The Inspector, Hindu Religious and Charitable Endowment Department, Rajapalayam, Virudhunagar District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the constitution of India, to 1/4

issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 2nd respondent in Na.Ka.No.326/15/A3-1 dated 07.06.2022 and quash the same and consequently direct the respondents to hand over the temple of "Arulmigu Senthatti Ayyanar Thirukovil" to the petitioner.

For Petitioner : Mr. P.R.Boomee Rajan For Respondents : Mr. P.Subbaraj Special Government Pleader

O R D E R

When it was pointed out that the impugned order merely relegates the Petitioner to work out his remedy by filing necessary application under Section 63(b) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 for declaration as Hereditary Trustee of the Arulmigu Senthatti Ayyanar Thirukovil before the concerned Joint Commissioner of the Hindu Religious and Charitable Endowments Department, 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 also made an endorsement to that effect in the court record. 2/4

In fine, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, connected Miscellaneous Petition is closed. No costs. 06.01.2023 NCC : Yes/No Index : Yes/No SM Note: Issue order copy by 30.01.2023.

To 1.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Virudhunagar.

3.The Special Officer for Arulmigu Senthatti Ayyanar Temple cum Executive Officer, Arulmigu Viswanathaswamy Temple, Sivakasi, Hindu Religious and Charitable Endowment Department, Virudhunagar District.

4.The Inspector, Hindu Religious and Charitable Endowment Department, Rajapalayam, Virudhunagar District.

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P.D.AUDIKESAVALU,J.

SM 06.01.2023 4/4