Madras High CourtWP(MD)/8454/2021withdrawn dismissed

Balu.T.N v. The Tahsildar

2021-04-23Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD)No.8454 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.04.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.8454 of 2021 T.N.Balu .. Petitioner Vs.

The Tahsildar, Vadipatti Taluk, Madurai.

.. Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to delete the entry of including the name of Sri Moolanathar Akilandeswari Ammaiyar Temple, Thenkarai Village, Madurai District and revert back to the earlier position incorporating the name of the trust alone viz., Thenkarai Village Sri Moolanathar Akilandeswari Ammaiyar Temple, Margali Madham Krishna Patchathu Ashtami Thiruvizha Trust in the patta issued in respect of the properties comprised in R.S.No.31/1 to an extent of 1 acre 36 cents situated at Solaikurichi Village and the properties comprised in R.S.No.448/5, 448/4, 450/1, 451 to an extent of 64 cents, 60 cents, 64 cents, 23 cents respectively situated at Sholavandhan Village, Madurai District and issue a patta in the name of the trust in consonance with the trust deed dated 24.02.1938 on the basis of the petitioner representation dated 08.03.2021.

For Petitioner : Mr.R.G.Shankar Ganesh For Respondent : Mr.M.Rajarajan, Addl. Government Pleader.

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ORDER

This Court pointed out to the learned counsel for the petitioner that the petitioner is wanting to change the patta in the name of the Trust and the Trust has not filed this Writ Petition and it has been filed in the individual capacity of the petitioner. This Court also pointed out to the learned counsel for the petitioner that the petitioner is seeking for the removal of the name of the temple from the revenue records. The temple has also not been made as a party in this Writ Petition. The learned counsel for the petitioner sought permission of this Court to withdraw this Writ Petition, with a leave to file a fresh Writ Petition, by making the Trust as the petitioner and by adding the temple as a respondent.

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W.P.(MD)No.8454 of 2021

2. This Writ Petition is dismissed as withdrawn and liberty is granted as sought for by the learned counsel for the petitioner. No costs.

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) Note :

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 The Tahsildar, Vadipatti Taluk, Madurai.

+1 CC to M/s.SPL GP ( SR-17590[F] dated 26/04/2021 ) W.P.(MD)No.8454 of 2021 23.04.2021 RK(10.05.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2