J.Saleem Basha v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2017

CORAM:

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD) No.11562 of 2017 and W.M.P.(MD)No.8909 of 2017 J.Saleem Basha ... Petitioner -vs1.The Commissioner, Hindu Religious and Charitable Endowments Administration Department, Nungambakkam, Chennai-600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.

4.The Joint Commissioner/ Executive Officer, Arulmigu Meenakshi Sundareswarar Temple, Madurai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the order dated 18.05.2017 passed in R.P.No. 359/2016-D2 on the file of the first respondent herein and to quash the same and direct the fourth respondent to re fix the rent for the building bearing Door No. 159-A (Old No. 144-A) South Masi Street Madurai - 625 001 on the basis of the market value of the land and the building in terms of the provisions contained under Section 4 of Tamil Nadu Buildings (Lease and Rent) Control Act 1960, as amended by the Act No.23 of 1973 and the Rules framed thereunder, with modified provisions related to the other conditions within a time frame as fixed by this Court.

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For Petitioner :

Mr.S.Subbiah Senior Counsel for Mr.N.Subramanian For Respondents :

Mr.M.Alagathevan Special Government Pleader for R.1 to R.3 :

Mr.K.Govinda Rajan for R.4

O R D E R

The learned Senior Counsel appearing for the petitioner would submit that since the petitioner is having a revisional remedy before the Government under Section 114 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, he seeks permission of this Court to withdraw this Writ Petition and the learned Counsel on record has also made an endorsement to that effect.

2. In view of the same, this Writ Petition is dismissed as withdrawn, giving liberty to the petitioner to approach the revisional Authority under Section 114 of the Tamil Nadu Hindu Religious and Charitable Endowments Act. No costs. Consequently, the connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar(P&A) /True copy/ Sub Assistant Registrar To 1.The Commissioner, Hindu Religious and Charitable Endowments Administration Department, Nungambakkam,Chennai-600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.

+1 cc to Mr.N.Subramanian , Advocate in SR.No. 61698 ssl AE/JC/SAR1/05.07.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/ W.P(MD)No.11562 of 2017 22.06.2017