M. Jeyaprakasan v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2021

CORAM

THE HON'BLE MR. JUSTICE M.SUNDAR and W.M.P.(MD)Nos.2379 to 2381 of 2020 M.Jeyaprakasan ... Petitioner Vs.

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

2. The Executive Officer, Arulmigu Swayambu Saneeswara Bhagawan Thirukovil, Kuchanoor, Uthamapalayam Taluk, Theni District.

3. The Fit person, Arulmigu Swayambu Saneeswara Bhagawan Thirukovil, Kuchanoor, Uthamapalayam Taluk, Theni District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Certiorarified Mandaus, to call for the records pertaining to the impugned order passed by the 1st respondent in his proceedings in Se.Mu.Na.Ka.No.4921/2017/Aa1 dated 13.07.2018 and quash the same on the ground that the same is arbitrary, illegal and without any legal basis and consequently directing the respondents to appoint the petitioner as the Poojari or Archagar under the customary practice and agama rules, in the Naagar temple Sannnathi or in the absence of vacancy in any other sannathi of 'Arulmigu suyambu Saneeswara Bhagawan Thirukkoil in Kuchanoor, Theni District.

For Petitioner :

Mr.K.Pandiarajan For Respondents :

Mr.M.Ramesh, Government Advocate for R1 No Appearance for R2 & R3

O R D E R

Captioned main writ petition and the three WMPs therein are listed under the cause list caption 'FOR WITHDRAWL' at the instance of learned counsel for writ petitioner.

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2. Mr.K.Pandiarajan, learned counsel on record for the lone writ petitioner and Mr.M.Ramesh, learned Government Advocate on behalf of the first respondent are before me.

3. Learned counsel for writ petitioner has filed a memo which reads as follows:

Learned counsel for writ petitioner reiterates the contents of the above memo.

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4. In the light of the aforementioned memo and reiteration of the same, captioned main writ petition and the WMPs therein are dismissed as withdrawn. Though obvious, it is made clear that I have not expressed any view or opinion on the merits of the matter in this order. There shall be no order as to costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) vsm To

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

2. The Executive Officer, Arulmigu Swayambu Saneeswara Bhagawan Thirukovil, Kuchanoor, Uthamapalayam Taluk, Theni District.

+1 CC to M/s.SPL GP ( SR-39940[F] dated 22/12/2021 ) W.P(MD)No.2815 of 2020 and W.M.P.(MD)Nos.2379 to 2381 of 2020 21.12.2021 USK (03.01.2022) 3P 4C 3/3