Madras High CourtWP(MD)/7362/2019dismissed as infructuous

R.Rajkumar, v. The Commissioner,

2022-03-04Honourable Mr Justice C. Saravanan2 pages

W.P(MD) No.7362 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.7362 of 2019 and W.M.P.(MD) Nos.5872 and 5873 of 2019 R.Rajkumar ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowments, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai -34.

2.The Deputy Commissioner/Executive Officer, Arulmigu Subramaniaswami Thirukovil, Thirupparankundram, Madurai 625 002.

3.The Sub Registrar, Office of Sub Registrar Thirupparankundram, Madurai -5.

4.Thirunagar Cooperative Housing Construction Social Ltd, Thirunagar, represented by its Secretary, Thirunagar, Madurai -6.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order in Ka.No.29152/2017-M1 dated 07/05/2018 passed by the 1st respondent quash the same and further direct the respondents 1 and 2 to delete the land of the petitioner measuring 2504 sq.ft of land with building comprised in S.No.114/1C of Thiruparankundram Village from the properties of 2nd respondent Temple consequently issue no objection certificate to the petitioner to get the sale deed dated 21.11.2016 pending as Document No.123/2016 on the file of the 3rd respondent.

For Petitioner : Mr.M.V.Venkataseshan For R1 : Mr.P.T.Thiraviam Government Advocate For R2 : Mr.V.Chandrasekar For R3 : Mr.S.Shanmugavel Additional Government Pleader For R4 : Mr.S.Kumar https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD) No.7362 of 2019

ORDER

The case was argued at length on the previous occasion, despite it being pointed out specifically that the writ petition had become infructuous, in the light of the order passed by this Court in W.P. (MD) No.5000 of 2021 dated 15.06.2021 filed by the buyer of the property. The case was therefore listed today for continuation of arguments after recording elaborate submissions made on the previous occasion. The learned counsel for the petitioner however submits that the petitioner has now instructed him to withdraw the writ petition.

2.This is a fit case for ordering cost as precious time of the Court was wasted. However, I am refraining from imposing any cost considering the fact that a Senior Member of the Bar appeared for the petitioner.

3.The writ petition stands dismissed as withdrawn, accordingly. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) mm To 1.The Commissioner, Hindu Religious and Charitable Endowments, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai -34.

2.The Sub Registrar, Office of Sub Registrar Thirupparankundram, Madurai -5.

+1 CC to M/s.V.CHANDRASEKAR, Advocate (SR-10249[F] dated 07/03/2022) +1 CC to M/s.SPL GP ( SR-10359 & 10376[F] dated 07/03/2022 ) W.P(MD).No.7362 of 2019 04.03.2022 SJ(CO) GC(22.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2