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Madras High CourtWP/5593/2011dismissed as infructuous

Thiru.T.Jayaraman v. The Commissioner

2018-10-09Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.5593 of 2011 & M.P.No.1 of 2011 T.Jayaraman

...Petitioner

Vs.

1. The Commissioner, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.

2. The Joint Commissioner, Thanjavur, Thanjavur District.

3. The Assistant Commissioner, Nadavagana Street, Thiruvarur, Tiruvarur District-610 001.

4. The Executive Officer, Arulmigu Thiyagarajaswami Temple, Thiruvarur, Thiruvarur District-610 001.

5. The District Collector, Thiruvarur, Thiruvarur, Thiruvarur District-610 001.

6. The Adhiparashakthi Vazhipattu Manram in Thiruneelakandeswarar Temple, Thirurvarur, Rep. by its organizer, D.Selvam

...Respondents

PRAYER:

Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 1 to 5 to take action against the respondent No.6 as per the provisions of the Places of Worship

(Special Provisions) Act, 1991, based on the petitioner representation dated 07.09.2010 and 27.10.2010 within the time frame fixed by this Hon'ble Court.

For Petitioner : Mr.R.Sivakumar, for M/s.K.M.Vijayan Associates For Respondents: Mr.M.Maharaja, Spl.GP., for R1 to R3 and R5 Mr.Srinath Sridevan for R4 Mr.A.S.Balaji, for R6

ORDER

The petitioner has came forward with the Writ Petition, seeking direction to the respondents 1 to 5 to take action against the sixth respondent as per the provisions of the Places of Worship (Special Provisions) Act, 1991, based on his representations dated 07.09.2010 and 27.10.2010.

2. It seems that the sixth respondent has established a prayer hall at Thiruneelakandeswarar Temple, Thiruvarur. It is represented by the learned counsels on either side that after filing this Writ Petition, the sixth respondent has handed over the possession of the disputed site to the Temple and the prayer sought in the Writ Petition has become infructous.

3. In the light of the above fact, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar rst / pvs To

1. The Commissioner, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.

2. The Joint Commissioner, Tanjavur, Tanjavur District.

3. The Assistant Commissioner, Nadavangana Street, Thiruvarur, Tiruvarur District-610 001.

4. The Executive Officer, Arulmigu Thiyagarajaswami Temple, Thiruvarur, Thiruvarur District-610 001.

5. The District Collector, Thiruvarur, Thiruvarur District-610 001.

+1cc to the Government Pleader Sr.70138 +1cc to M/S.K.M.Vijayan Associates, Advocate Sr.69638 +1cc to M/S.Srinath Sridaran, Advocate Sr.70747 WP.No.5593 of 2011 & M.P.No.1 of 2011 sv[co] srg 30/10/2018