Madras High CourtWMP(MD)/23662/2023allowed

Renganathan v. The Commissioner

2023-11-28Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Tuesday, the Twenty Eighth day of November Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice B.PUGALENDHI WMP(MD). No.23662 of 2023 in WP(MD).No. 10897 of 2023 Renganathan S/o. Pandarinathan ... Petitioner/Petitioner Vs The Commissioner, Hindu Religious and Charitable Endowment Department, Government of Tamilnadu, Chennai.

Sri. Arulmighu Meenakshi Sundareswarar Devasthanam, Through its Executive Officer, Madurai.

... Respondents/Respondents Prayer in WMP(MD). No.23662 of 2023:- Writ Miscellaneous Petition is filed under Article 226 of the Constitution of India, praying this Court to set aside the writ petition in W.P.(MD) No.10897 of 2023 dated 10.10.2023 and restore the above writ petition. Prayer in WP(MD). 10897/ 2023 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ, order or direction, in the nature of Writ of Mandamus directing the respondents to consider the representation dated 07.05.2022 and thereby to safeguard the petitioner's ownership and possession and peaceful living 1/4

in the house property at Door No.19, Ondimuthu Maistry Street, Southveli Street, Madurai Town.

ORDER:- This Writ Miscellaneous Petition coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.N.S. Ponnaiah, Advocate for the Petitioner and of Mr.P.Subbaraj, Special Government Pleader for the 1st respondent, this Court made the following order:

This application was filed to restore WP(MD) No.10897 of 2023, which was dismissed on 10.10.2023 on the ground that the issue involved in that writ petition was already decided by the Hon'ble Supreme Court in S.L.P.Nos.28957-28958 of 2018, dated 13.11.2018. On the date of dismissal, there was no representation for the petitioner.

2.The learned senior counsel appearing for the petitioner has taken responsibility for the default on 05.06.2023 and 10.10.2023 and submits that he has valid points to argue in this writ petition and requests this Court to restore the writ petition.

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3.Considering the submission made by the learned senior counsel, this application is allowed. WP(MD) No.10897 of 2023 is restored to file. List on 04.12.2023.

Sd/- Assistant Registrar(AS) // True Copy // 28/11/2023 Sub Assistant Registrar(CS) To The Commissioner, Hindu Religious and Charitable Endowment Department, Government of Tamilnadu, Chennai.

The Executive Officer, Sri. Arulmighu Meenakshi Sundareswarar Devasthanam, Madurai.

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ORDER DATED : 28/11/2023 ========================

ORDER

======================== WMP(MD). No.23662 of 2023 in WP(MD).No. 10897 of 2023 Giving direction and etc.

as stated within.

MK/28.11.2023 4P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4