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Madras High CourtWP(MD)/9406/2022withdrawn dismissed

Arulmighu Peruvembudaiyar Sashtha Temple v. The Secretary To Government

2022-05-19Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.05.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P(MD)No.6742 of 2022 Arulmighu Peruvembudaiyar Sastha Temple, Rep. by its Executive Officer, G.Venkateswari .. Petitioner Vs 1.The Secretary to Government, Department of Tourism, Culture and Endowments, Secretariat, Chennai.

2.The Collector, Tirunelveli District, Tirunelveli.

3.The Commissioner, H.R & C.E Department, Chennai.

4.The Joint Commissioner, H.R. & C.E Department, Tirunelveli.

5.The Superintendent of Police, Tirunelveli District, Tirunelveli.

6.The Inspector of Police, Nanguneri Police Station, Nanguneri.

7.Rajakkal Mangalam Panchayat, Through its Executive Officer, Rajakkalmangalam, Nanguneri Taluk, Tirunelveli District.

8.Sri Peruvembudaiyar Sastha Thirukoil, Annadhana Trust Rep. by its Founder K.Subramanian, Rajakkal Mangalam, Nanguneri Taluk, Tirunelveli.

.. Respondents 1/3

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 6 forbearing the 8th respondent from interfering the day to day affairs of the petitioner temple based on the representation of the petitioner dated 02.05.2022.

For Petitioner : Mr.T.Selvan For R-1 to R-6 : Mrs.D.Farjana Ghoushia, Special Government Pleader

ORDER

The learned counsel for the petitioner has addressed a letter, dated 16.05.2022 to the Registry seeking the matter to be posted before this Court 'for withdrawal'. The learned counsel for the petitioner is also present before this Court today and seeks permission to withdraw the writ petition. He would further submit that since the petitioner has not made the necessary parties as party respondents, the petitioner seeks liberty to file a fresh writ petition on the very same cause of action.

2. Recording the letter circulated by the learned counsel for the petitioner and his statement, this writ petition is dismissed as withdrawn. However, liberty is granted to the petitioner to file a fresh writ petition on the very same cause of action after impleading the necessary parties. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Vacation Officer (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) PM Note:In view of the present lock down owing to COVID19 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.

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To 1.The Secretary to Government, Department of Tourism, Culture and Endowments, Secretariat, Chennai.

2.The Collector, Tirunelveli District, Tirunelveli.

3.The Commissioner, H.R & C.E Department, Chennai.

4.The Joint Commissioner, H.R. & C.E Department, Tirunelveli.

5.The Superintendent of Police, Tirunelveli District, Tirunelveli.

6.The Inspector of Police, Nanguneri Police Station, Nanguneri.

7. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.SPL.GP ( SR-23926[F] dated 20/05/2022 ) 19.05.2022 SS/01.06.2022 : 3P/8C 3/3