Madras High CourtWP(MD)/20968/2021withdrawn dismissed

Kasirajan.M v. The Joint Commissioner

2021-11-24Honourable Mr Justice M. Sundar2 pages

W.P.[MD]No.20968 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR W.P.[MD]No.20968 of 2021 M.Kasirajan ... Petitioner Vs.

The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Trichy District.

... Respondent P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to conclude the enquiry initiated against the petitioner under Sec.53 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act 22 of 1959) within the time that may be stipulated by this Court.

For Petitioner : Mr.M.Mahaboob Athiff For Respondent : Mr.C.Satheesh Government Advocate

O R D E R

*********** When the matter was taken up, it came to light that there are collateral proceedings assailing appointment of Fit Person and these collateral proceedings are by way of one writ petition which has since been disposed of and two writ appeals which are pending but there is no mention about this in the writ affidavit. 2.Faced with the above situation, learned Counsel for the writ petitioner sought leave to withdraw the captioned writ petition but made a fervent plea to preserve the rights of the writ petitioner to file a fresh writ petition on the same facts again with same or similar prayer after setting out all the particulars including granular particulars regarding collateral proceedings. 3.Learned Counsel has made an endorsement to that effect in the case file which reads as follows:

'I hereby withdraw the present writ petition by craving leave of this Hon'ble Court to grant liberty to file fresh writ petition on the same cause of action.'

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.20968 of 2021 4.Request acceded to. Captioned writ petition is dismissed as withdrawn albeit preserving the rights of the writ petitioner in the aforesaid manner without any order as to costs. Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) MR NOTE: In view of the present lock down owing to COVID-19 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.

To The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Trichy District.

+1 CC to M/s.SPL GP ( SR-35850[F] dated 25/11/2021 ) W.P.[MD]No.20968 of 2021 23.11.2021 MGJ(06.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2