A.M.Govindan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 02.08.2016 Coram:

The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice M.M.SUNDRESH W.P.No.9081 of 2014 & MP.NO.1 of 2014 A.M.Govindan ... Petitioner

Versus

1.The Commissioner H.R & C.E Board, Nungambakkam High Road, Chennai 600 034.

2.The Joint Commissioner H.R & C.E Board, Vellore.

3.Arulmighu Chinna Muthu Mariamman Temple, rep. by Executive Officer, Chinnamelamayur, Chengalpet, Kancheepuram District.

4.A.Chandrasekaran Mudhaliar 5.C.V.N.Kumarasamy ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of Mandamus, forbearing the respondents 3 to 5 from converting and changing the character of the land in Town S.No.438/1B situate at Chinnamelamayur Village, Gundur Ward No.3 within Chengalpattu Municipality bounded on East by G.S.T.Road, West by Gandipan Vedachalam Street, north by T.S.No.438/2 Iyankulam and south by T.S.No.437/2 Porpandal Arumuga Mudaliar Vagaiyara Bungalow admeasuring north to south on the eastern side 25 1⁄2 + 9', north to south on the western side 34 1⁄2'+ 10', east to west on the northern side 149', east to west on the southern side 78 + 78 1⁄2 of an extent of 8086 sq.ft which was allotted for the secular purpose of construction of school and for the benefit of Thondai Mandala Thuluva Vellalar people and for the construction of building for auspicious ceremonies exclusively not related to the religious character of Arulmighu Chinnamuthu Mariamman https://hcservices.ecourts.gov.in/hcservices/

Temple in the same Town Survey Number as (ii) item of the Gift deed dated 15.07.1981 in Doc.No.429/1981 within S.R.O Chengalpattu by Kamalakannan Mudaliar for religious activities or performance of religious obligation in the said property. For Petitioner :::Mr.J.R.K.Bhavanantham For Respondents :::Mr.M.Maharaja Special Government Pleader for R.1 and R.2 Mr.A.Jenasenan for R.4 and R.5 No appearance for R.3

O R D E R

(The Order of the Court was made by The Hon'ble The Chief Justice) The petitioner is stated to have passed away and the petition is in the nature of Public Interest Litigation.

2. The writ petition is thus closed, leaving the parties to bear their own costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(V) //True Copy// Sub Assistant Registrar ksr To 1.The Commissioner, H.R & C.E Board, Nungambakkam High Road, Chennai 600 034.

2.The Joint Commissioner, H.R & C.E Board, Vellore.

+1cc to M/s. J.R.K. Bhavanathan, Advocate, S.R.No.43886 +1cc to M/s. A. Jenasenan, Advocate, S.R.No.43821 +1cc to the Government Pleader, S.R.No.43800 MA1(CO) EU(16/08/2016 W.P.No.9081 of 2014 https://hcservices.ecourts.gov.in/hcservices/