Balasubramanian .S v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.01.2023 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU S.Balasubramanian ... Petitioner Vs.

1.The Joint Commissioner, Executive Officer, Arulmigu Subramaniya Swami Thirukkovil, Thiruchendur-628 215.

2.The Chariperson, Board of Trustees, Arulmigu Subramaniya Swami Thirukkovil, Thiruchendur-628 215 ... Respondents PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the representation of the Petitioner dated 30.12.2022, enquire and pass orders on the same as per law within a time frame as may be fixed by this Court to ensure the smooth performance of the Mandagapadi by the Petitioner and his family members conferred on them on the 8th day of Masi month festival during the Pachaisathi festival conducted by the temple authorities at 1/5

Arulmigu Subramaniya Swami Thirukkovil, Thiruchendure without allowing any third parties to interfere.

For Petitioners : Mr. Y.Prakash For R1 : Mr. M.Muthu Geethaiyan

ORDER

Heard Mr. Y.Prakash, Learned Counsel for the Petitioner and Mr. M.Muthu Geethaiyan, Learned Counsel for the First Respondent and, perused the materials placed on record, apart from the pleadings of the parties. 2.

The Writ Petition has been filed for directing the Respondents to consider the representation made by the Petitioner dated 30.12.2022 for ensuring smooth performance of Mandagapadi of the Petitioner and his family members on the eighth day of Masi month during the Festival conducted at the Temple of Arulmigu Subramaniya Swami Thirukkovil, Thiruchendur, without allowing any third parties to interfere. 2/5

3.

Learned Counsel for the Respondents, on instructions, states that the rights available to the Petitioner are always protected and there need not be any apprehension as portrayed in the Writ Petition. In such circumstances, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner, if he has any grievance, to work out his remedies before the proper Forum in the manner recognized by law. He has also made an endorsement to that effect in the court record.

In fine, the Writ Petition is dismissed as withdrawn with the aforesaid clarification. No costs.

25.01.2023 NCC : Yes/No Index : Yes/No ta Note:- Issue order copy by 24.02.2023.

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TO:

1.The Joint Commissioner, Executive Officer, Arulmigu Subramaniya Swami Thirukkovil, Thiruchendur-628 215.

2.The Chariperson, Board of Trustees, Arulmigu Subramaniya Swami Thirukkovil, Thiruchendur-628 215 4/5

P.D.AUDIKESAVALU,J.

ta 25.01.2023 5/5