M.Subbaiah Pillai, v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2023 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU and W.M.P. (MD) Nos.15489 and 15490 of 2020 M.Subbaiah Pillai ... Petitioner Vs.

1. The State of Tamil Nadu,, Rep. by its Secretary, Department of Culture, Tourism and Religious Endowments, Secretariat, Fort St. George, Chennai-600 009.

2. Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thirunelveli, Thirunelveli District.

3. Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Thirunelveli, Tirunelveli District.

4. The Executive Officer, Arulmighu Kasivishwanatha Swamy Temple, Thenkasi, Tenkasi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the constitution of India, 1/5

to issue a Writ of Certiorari, calling for records pertaining to the impugned order bearing Se.Mu.Na.Ka.No. 18458/2018/A2/dated 23.2.2019 on the file of the 2nd respondent appointing the 4th respondent as fit person to Sri Muppidathiamman Temple Sundarapandiapuram, Tenkasi Taluk, Tenkasi District and Quash the same.

For Petitioner : Mr. S.Parthasarathy For Respondents : Mr. P.Subbaraj Special Government Pleader for R1 to R3 Mr. M.Muthugeethayan for R4

ORDER

Heard Mr. S.Parthasarathy, Learned Counsel for the Petitioner, Mr. P.Subbaraj, Learned Special Government Pleader appearing for the First to Third Respondents and Mr. M.Muthugeethayan, Learned Counsel appearing for the Fourth Respondent and perused the materials placed on record, apart from the pleadings of the parties. 2.

This Writ Petition has been filed challenging the Order bearing Se.Mu.Na.Ka.No. 18458/2018/A2/dated 23.2.2019 passed by the Second Respondent appointing the Fourth Respondent as Fit Person to Sri Muppidathiamman Temple Sundarapandiapuram, Tenkasi Taluk, Tenkasi 2/5

District.

3.

Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner to apply for a scheme to administer the affairs of the Temple under Section 64 of the Hindu Religious and Charitable Endowments Act, 1959 and he has made an endorsement to that effect in the court record. In view of the same, the Writ Petition is dismissed as withdrawn with the aforesaid clarification. Consequently, the connected Miscellaneous Petitions are closed. No costs.

05.01.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No pkn Note: Issue order copy by 30.01.2023.

TO:

1. The Secretary, State of Tamil Nadu, Department of Culture, 3/5

Tourism and Religious Endowments, Secretariat, Fort St. George, Chennai-600 009.

2. Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thirunelveli, Thirunelveli District.

3. Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Thirunelveli, Tirunelveli District.

4. The Executive Officer, Arulmighu Kasivishwanatha Swamy Temple, Thenkasi, Tenkasi District.

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P.D.AUDIKESAVALU,J.

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