Madras High CourtWP(MD)/5523/2024disposed of

Sri Muthumariyamman Thirukovil Paripalana Sabai v. The District Collector

2024-08-30Honourable Mr Justice Mohammed Shaffiq4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2024

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P(MD)No.5253 of 2024 Sri Muthumariyaman Thirukovil Paripalana Sabai, Represented by its President, Arumuga Thevar, Sri Muthumariyamman Thirukovil Paripalana Sabai, ... Petitioner Vs.

1.The District Collector, 2.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai.

3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Sivagangai.

4.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, 1/4

Ramanthapuram.

5.The Fit Person / Executive Officer, Sri Muthumariyamman Thirukovil, 6.Usha 7.Kalidass 8.Gandhi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the entire record relating to the proceeding of the fourth respondent in Se.Mu.Na.ta.Na.Ka.No.3680-70/2018/A7, dated 21.06.2023 and quash the same as illegal and pass such other order this Court. For Petitioner : M/s.J.Madhu For R-1 to R-4 : Mr.K.S.Selvaganesan Additional Government Pleader

ORDER

It is submitted by the learned Counsel for the petitioner that he may be permitted to withdraw the writ petition with liberty to move an application under Section 63 of the Hindu Religious and Charitable Endowment Act before the Joint Commissioner for declaration of the Temple as a Private Temple and also to declare them as hereditary trustee and he has also made an endorsement to that effect. 2/4

2. Recording the same, liberty is granted to the petitioner to approach the Joint Commissioner by filing an application under Section 63 of HR and CE Act to declare the Temple as a Private Temple and also the petitioner as hereditary trustee. If such an application is made (*)on or before 30.10.2024, the same would be taken on file and after issuance of notice to the interested parties and affording reasonable opportunity of hearing to the petitioner and all other interested parties / stakeholders, appropriate orders shall be passed by the Joint Commissioner in accordance with law.

3. Accordingly, the writ petition stands dismissed as withdrawn. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.

Sd/- Assistant Registrar(AE) (*)Corrected as per order of this Court dated 04.10.2024 made in WP(MD)No.

5523 of 2024 and WMP(MD)No.5253 of 2024.

// True Copy // 07/10/2024 Sub Assistant Registrar (CS - I, II, III, IV) dixit To 1.The District Collector, 3/4

2.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai.

3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Sivagangai.

4.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Ramanthapuram.

5.The Fit Person / Executive Officer, Sri Muthumariyamman Thirukovil, +1 CC to M/s.J.MADHU, Advocate ( SR-47533[F] dated 30/08/2024 ) +1 CC to M/s.SPL.GP ( SR-48174[F] dated 02/09/2024 ) 30.08.2024 SL(07.10.2024)/ 4P/ 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4