D.Jaganathan v. The Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2025

CORAM

THE HONOURABLE MR JUSTICE J.SATHYA NARAYANA PRASAD D.Jaganathan .... Petitioner Vs.

1. Gingee K.S.Masthaan Honourable Minister for Minorities Welfare Non-Resident, Tamils Welfare, Refugees and Evacuees and Wakf Board, Fort St. George, Secretariat, Chennai 600 009.

2. The Commissioner, Tindivanam Municipality, Tindivanam, Villupuram District.

3. R.Ravichandran ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the official respondents herein to take suitable legal action as against the fourth respondent for erecting plaque in public place depicting himself as Municipality Councillor by considering the representation of the petitioner dated 10.01.2022 within a time frame to be fixed by this Court.

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For Petitioner : Mr.C.Munusamy For R1 : No appearance For R2 : M/s.V.Yamuna Devi Special Government Pleader

ORDER

The present Writ Petition is filed for issuance of a Writ of Mandamus to direct the official respondents herein to take suitable legal action as against the fourth respondent for erecting plaque in public place depicting himself as Municipality Councillor by considering the representation of the petitioner dated 10.01.2022 within a time frame to be fixed by this Court.

2. At the outset, it is to be pointed out that The Chief Secretary, Government of Tamil Nadu, Fort St.George, Secretariat, Chennai 600 009, who was shown as R1, stood deleted vide order dated 17.02.2025 passed in W.M.P.No.5660 of 2022 and hence, the respondents 2 to 4 namely, Gingee K.S.Masthaan Honourable Minister for Minorities Welfare Non-Resident, Tamils Welfare, Refugees and Evacuees and Wakf Board, Fort St. George, Secretariat, Chennai 600 009; The Commissioner, Tindivanam Municipality, Tindivanam, Villupuram District; R.Ravichandran, will now become the respondents Nos.1 to 3 respectively.

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3. Today when the matter is taken up for hearing, Ms.V.Yamuna Devi, learned Special Government Pleader appearing for the second respondent by relying upon the counter affidavit filed by them on 14.02.2022 would submit that the plaque has been removed on 01.02.2022. Reliance was placed, which reads as under:

"I further state that it was not the case that the petitioner gave several representations to the authorities concerned to take legal action in this respect on various occasions and that he was driven from pillar to post for months together without any progress. The disputed plaque itself was erected on 23.12.2021 according to the petitioner himself, he gave representation only on 10.01.2022. Though on representation as claimed by the petitioner ever served on me but I, on my part gave objection letter on 20.12.2021 to the concerned, particularly the temple officials and removed the plaque on 01.02.2022, photographs attached. The remedy sought for in the representation dated 10.01.2022 of the petitioner is also the same and therefore the writ petition itself stands infructuous and to be dismissed." 3/5

4. In view of the above submission and on perusal of the counter affidavit filed by the second respondent, it appears that the plaque has been removed on 01.02.2022. Hence, nothing survives for further adjudication.

5. Accordingly, the Writ Petition is dismissed as infructuous. No costs.

17.02.2025 Speaking/Non-speaking order Index : Yes / No jd To

1. Gingee K.S.Masthaan Honourable Minister for Minorities Welfare Non-Resident, Tamils Welfare, Refugees and Evacuees and Wakf Board, Fort St. George, Secretariat, Chennai 600 009.

2. The Commissioner, Tindivanam Municipality, Tindivanam, Villupuram District.

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J.SATHYA NARAYANA PRASAD,J., jd 17.02.2025 5/5