Madras High CourtWP(MD)/5354/2019withdrawn dismissed

K.Narayanan, v. The Commissioner,

2019-03-07Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.5354 of 2019 and WMP(MD)No.4262 of 2019 1.K.Narayanan 2.M.Ramasamy 3.M.Jeyaraman ... Petitioners Vs.

1.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Uthamar Kovil Complex, Mannachanallur Taluk, Tiruchirappalli District.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Pudukkottai.

4.The Executive Officer, A.M.Meyyar Ayyanar Temple, Narpavalakudi, Arandangi Taluk, Pudukkottai District.

5.R.Meyyanathan 6.Kaalimuthu 7.K.Meyyappa Konar 8.K.Ekanathan Konar 9.K.Ponniah 10.K.Rajan Konar 11.M.Krishnan Konar

12.M.Karuppiah Asaari 13.K.Kailasam 14.A.Singaram 15.K.P.Maarimuthu Servai 16.K.Muthuraman Servai 17.K.Ravikumar Vanniyapillai 18.K.Somiah Pillai 19.A.R.Datchinamurthu Konar ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the second respondent in its impugned proceedings in Na.Ka.No.10325/2017/A1 dated 04.01.2019 and quash the same and consequently direct the second respondent to accept the representation of the petitioners dated 21.08.2017 wherein the petitioners have listed the name of donars who are willing to undertake the donor work of reconstructing the dilapidated Mangalore tiles mandapam attached to Meyyar Ayyanar Sanctum and for doing renovation works at A/m.Meyyar Ayyanar Temple. For Petitioner : Mr.J.Maria Roseline For Respondents : Mr.M.Rajarajan, Government for R1 to R3 Mr.G.Mathavan for R4

ORDER

The learned counsel appearing for the writ petitioner on instructions from the petitioner seeks leave to withdraw this writ petition. Leave granted.

2.However, the petitioners are given liberty to move the Commissioner, Hindu Religious and Charitable Endowments Department, Chennai questioning the order impugned in this writ petition. The order impugned in this writ petition shall be put on hold and in abeyance for a period of four weeks from the date of receipt of a copy of this order. The petitioner shall move the first respondent within a period of one week from the date of receipt of a copy of this order. The petitioner is also entitled to take out an interim application and the first respondent shall take up the same first for disposal. The first respondent shall cause issuance of notice to all the private respondents herein and necessary interested parties before passing final order.

3.With this liberty, this writ petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is also dismissed. Registry shall return the impugned order in original to the writ petitioner.

Sd/- Assistant Registrar (AD-I) / True Copy / Sub Assistant Registrar(CS) To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Uthamar Kovil Complex, Mannachanallur Taluk, Tiruchirappalli District.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Pudukkottai.

+1CC to M/s.G.MATHAVAN, Advocate ( SR-52472[F] dated 07/03/2019 ) +1CC to M/s.J.MARIA ROSELINE, Advocate(SR-52377[F]dated 07/03/2019) +1CC to M/s.SPL GP ( SR-52674[F] dated 08/03/2019 ) WP(MD)No.5354 of 2019 and WMP(MD)No.4262 of 2019 07.03.2019 ES/19.03.2019/3P/7C