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Madras High CourtWP(MD)/11283/2022disposed of

Saravana Pandian.R v. The Commissioner

2023-06-26Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD) No.8036 of 2022 R.Saravana Pandian ... Petitioner Vs.

1.The Commissioner, Chennai-34.

2.The Joint Commissioner, Madurai-625 001.

3.The Assistant Commissioner, Endowments (Admn) Department, Madurai.

4.The Inspector, Endowments (Admn) Department, Madurai (North), Madurai.

... Respondents

Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari, calling for the records pertaining to the impugned order passed by the first respondent in A.P.No.81 of 2018, dated 17.02.2022 and quash the same. For Petitioner : Mr.J.Anandhavalli For Respondents : Mr.P.Subbaraj Special Government Pleader

ORDER

This writ petition is filed for issuance of writ of certiorari calling for the records pertaining to the impugned order passed by the first respondent in A.P.No.81 of 2018, dated 17.02.2022 and quash the same.

2. Heard the learned counsel appearing on either and perused the records.

3. In the light of the fact that already suit has been filed by the other trustees in O.S.No.207 of 2022 on the file of the Sub Court, Melur, this Writ Petition is disposed of by giving liberty to the petitioner herein

to file a suit challenging the impugned order. It is needless to state that the period that has been taken for contesting this writ petition will be waived, when calculating the period of limitation.

4. This Court had already granted an interim order in the above writ petition. The same shall be continued till the filing of the suit. The suit shall be filed within a period of three weeks from the date of receipt of a copy of this order. If it is not filed, the interim order granted by this Court shall stand vacated automatically. No costs. Consequently, connected miscellaneous petition is closed.

26.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes cp To 1.The Commissioner, Chennai-34.

P.T.ASHA,J.

cp 2.The Joint Commissioner, Madurai-625 001.

3.The Assistant Commissioner, Endowments (Admn) Department, Madurai.

4.The Inspector, Endowments (Admn) Department, Madurai (North), Madurai.

W.P.(MD) No.11283 of 2020 Dated: 26.06.2023