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Madras High CourtWP/20672/2015dismissed as infructuous

K.Ponnusamy, v. The Commissioner,

2022-06-20Honourable The Chief Justice,Honourable Mrs Justice N. Mala4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE N.MALA W.P.NO.20672 OF 2015 AND WMP NO.25279 OF 2018 AND MP NO.1 OF 2015 K.Ponnusamy

...Petitioner

Vs 1.The Commissioner, Nungambakkam, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious & Charitable Endowments Board, 3.The District Collector, Salem District, Salem.

4.The Revenue Divisional Officer, Attur, 5.The Tahsildar, Gangavalli, 6.The Superintendent of Police, Salem District, Salem.

7.The Deputy Superintendent of Police, Attur, 8.The Inspector of Police, Gangavalli Police Station,

9.The Assistant Commissioner, 10.The Executive Officer, Vellaipoillaiyar Temple Campus, Attur, Salem District.

11.Muthusamy 12.Selvaraj 13.Chinnadurai 14.Prabu

...Respondents

Petition filed under Article 226 of the Constitution of India seeking to issue a writ of Mandamus to direct the respondents 1 to 10 not to give permission to the respondents 11 to 14 or their men, representatives to perform the Sri Arungattamman Temple car festival without the peoples belongs to Scheduled caste community and consequently not to conduct the Pooja, God procession, Pulling Temple car or any other temple activity relating to the temples namely Muthaiya, Kankudaiyan, Periyayee, Sitheriyan, Avvaiyar, Maduvutaiyan and Balamarathaiya, situated at Naduvalur Village, Gangavalli Taluk, Salem District without the scheduled caste peoples based on the petitioner's representation dated 04.07.2015. For the Petitioner :

No appearance For the Respondents : Mr.NRR.Arun Natarajan Spl.Govt.Pleader (HR&CE) for RR-1,2,9 and 10 Mr.P.Muthukumar State Govt.Pleader for RR-3 to 8.

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) None appears to press the writ petition of the year 2015. However, learned counsel appearing for the HR & CE department and the State counsel submit that the dispute between the two communities has been settled incidentally and for that reason, the petitioner may not be interested in pressing the writ petition now and the scheduled community people have also been permitted to participate in the temple car festival.

In view of the statement aforesaid, even the writ petition has become infructuous. However, since no one is representing on behalf of the petitioner and it may be for the reason as stated by the learned counsel appearing for the HR & CE, we dismiss the writ petition for non-prosecution. Consequently, M.P.No.1 of 2015 and W.M.P.No.25279 of 2018 are also dismissed. Sd/- Assistant Registrar(CS-VIII) // True Copy // Sub Assistant Registrar sra To:

1.The Commissioner, Nungambakkam, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious & Charitable Endowments Board, 3.The District Collector, Salem District, Salem.

4.The Revenue Divisional Officer, Attur, 5.The Tahsildar, Gangavalli, 6.The Superintendent of Police, Salem.

7.The Deputy Superintendent of Police, Attur.

8.The Inspector of Police, Gangavalli Police Station,

9.The Assistant Commissioner, 10.The Executive Officer, Vellaipoillaiyar Temple Campus, Attur, Salem District.

+1cc to Mr.L.Rajendran, Advocate Sr.No.37105 +1cc to the Government Pleader Sr.No.37699 W.P.No.20672 of 2015 KV(CO) RVM(27/06/2022)