Ravindran v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.04.2021 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU and W.M.P.(MD) No.5742 of 2021 Ravindran ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowment Department, 119, Uthamar Gandhi Salai, Thousand Lights West, Nungambakkam, Chennai - 600 034.

2.The Joint Commissioner, Arulmigu Ramanathaswami Temple, Rameswaram, Ramanathapuram District.

3.The Executive Officer, Arulmigu Ramanathaswami Temple, Rameswaram, Ramanathapuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the proceedings of the respondents 2 and 3 in Na.Ka.No.1695/2019/A2, dated 22.06.2020 and 03.03.2021 and quash the same and consequently directing the respondents 2 and 3 to give subsisting allowance to the petitioner from his date of suspension 06.07.2019 to till the completion of department proceedings. For Petitioner : Mr.S.Saravanakumar For Respondent 1 : Mr.K.P.Narayanakumar Special Government Pleader For Respondents 2 and 3 : Mr.S.Ramesh for Mr.V.Raghavachari 1/3

ORDER

It is pointed out by the Learned Special Government Pleader appearing for the First Respondent that the Petitioner has an effective alternative remedy for pursuing his relief sought in this Writ Petition by making necessary application under the provisions of the Tamil Nadu Payment of Subsistence Allowance Act, 1981. In view of the same, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to the same. He has also circulated a letter dated 07.04.2021 which is placed on record.

2.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. It is made clear that for the purpose of reckoning limitation in availing that remedy, the period from the date of filing of this Writ Petition i.e., 29.03.2021 till the date on which the certified copy of this order is made ready by the Registry shall be excluded. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) SRM Note: 1.Registry is directed to return the copy of the impugned order.

2. In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned. To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, 119, Uthamar Gandhi Salai, Thousand Lights West, Nungambakkam, Chennai - 600 034.

2.The Joint Commissioner, Arulmigu Ramanathaswami Temple, Rameswaram, Ramanathapuram District.

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Copy to:

The Section Officer, E.R Section, Madurai Bench Of Madras High Court, Madurai.(To Return the copy of the impugned order immediately) +1 CC to M/s.V.RAGHAVACHARI, Advocate ( SR-15432[F] dated 07/04/2021 +1 CC to M/s.SPL GP ( SR-15602[F] dated 09/04/2021 ) 07.04.2021 RK(11.05.2021) 3P 6C 3/3