K.Gopal v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:07.06.2017
CORAM
The Honourable MR. JUSTICE M.DURAISWAMY W.P.Nos.14319 to 14324 of 2017 and W.M.P.Nos.15520 to 15526 of 2017 K.Gopal ... Petitioner in W.P.No.14319 of 2017 K.Latha ... Petitioner in W.P.No.14320 of 2017 M.Padmanabhan ... Petitioner in W.P.No.14321 of 2017 N.Tallika ... Petitioner in W.P.No.14322 of 2017 S.Suseela ... Petitioner in W.P.No.14323 of 2017 K.Sundari ... Petitioner in W.P.No.14324 of 2017 Vs
1. The Secretary to Government Tourism, Culture and Religious Endowments Department, St.George Fort, Chennai.
2. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Erode.
3. The Hereditary Trustee, A/m. Om Kaliyamman Thirukoil, Karunkalpalayam, Erode.
...Respondents in all WPs.
Writ Petitions filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorari to call for the records of the 2nd respondent in and by his proceedings Na.Ka.No.4225-7/2013/A6 dated 01.06.2017.
For Petitioners : Mr.A.Sundaravadhanan For Respondents : Mr.M.Maharaja Special Government Pleader
COMMON ORDER The petitioners have filed the above writ petitions to issue a writ of certiorari to call for the records of the 2nd respondent dated 01.06.2017 and to quash the same.
2. By the impugned order dated 01.06.2017, the petitioners were called upon to vacate the premises on or before 05.06.2017 and if they fail to vacate on 05.06.2017, the 2nd respondent would take delivery of possession from them on 06.06.2017.
3. The learned counsel appearing for the petitioners made a mention before this Court in the morning for moving the writ petitions as "Lunch Motion" and permission was granted.
4. When the matters are taken up as "Lunch Motion", Mr.M.Maharaja, learned Special Government Pleader taking notice for the respondents submitted that the 2nd respondent had already taken possession of the properties which were in their possession and therefore, the writ petitions have become infructuous.
5. The learned counsel appearing for the petitioners also submitted that the 2nd respondent had taken possession today.
6. In view of the submissions made by the learned counsel on either side, the writ petitions are dismissed as infructuous.
7. The learned counsel appearing for the petitioners submitted that the petitioners have filed appeals before the 1st respondent and that the 1st respondent may be directed to dispose of the appeals in accordance with law, for which, Mr.M.Maharaja, learned Special Government Pleader, has no objection.
8. In these circumstances, I direct the 1st respondent to consider the petitioners' appeals and dispose of the same on merits and in accordance with law, as expeditiously as possible.
No costs. Connected miscellaneous petitions are closed. Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar rg To
1. The Secretary to Government Tourism, Culture and Religious Endowments Department, St.George Fort, Chennai.
2. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Erode.
3. The Hereditary Trustee, A/m. Om Kaliyamman Thirukoil, Karunkalpalayam, Erode.
+1cc to Mr.B.A.Sundaravadhanan,Advocate sr.40578 W.P.Nos.14319 to 14324 of 2017 sk(co) ss(13/6/2017)