S.Sivasankar, v. The Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.09.2023

CORAM

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs.JUSTICE N.MALA W.P.No.14109 of 2018 and W.M.P.No.16679 of 2018 S.Sivasankar .... Petitioner vs

1. The Collector, Tiruppur District, Tiruppur.

2. The Superintending Engineer, Udumalpet Electricity Distribution Circle, TANGEDCO, Tiruppur Road, Udumalpet - 642 126, Tiruppur District.

3. The Commissioner, Udumalpet Municipality, Udumalpet, Tiruppur District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the order passed in Letter No.Me.Pa.Po/ Vu.Mi.Pa.Va./Vu.Se.Po/ C/Udu/Ko.9/A.No.69/18 dated 29.05.2018 on the file of the 2nd respondent 1/5

and quash the same and direct the respondents to remove the illegal construction in the name of temple in the 2nd respondent office premises. For Petitioner : Mr.S.Doraisamy For Respondents : Mr.P.Gurunathan, Additional Government Pleader assisted by Mr.S.Yashwanth, Additional Government Pleader for Joint Commissioner HR&CE for R1 Mr.L.Jaivenkatesh, Standing Counsel of TNEB for R2 Mr.B.Anand for R3

O R D E R

(The Order of the Court was made by J.Nisha Banu,J) This writ petition has been filed challenging the order passed by the 2nd respondent and to direct the respondents to remove the illegal construction in the name of temple in the 2nd respondent office premises.

2. When the matter was taken up on 21.06.2023, the Division Bench of this Court directed the Joint Commissioner of Tamil Nadu Hindu Religious and Charitable Endowments Department of Tirupur to inspect the temple in question and to find out whether the said renovation work has been carried out under the control of the 2nd respondent and file a detailed report before this court.

3. Today, a status report filed by the Joint Commissioner, HR & CE 2/5

Department, Tiruppur, was produced before this Court. The relevant paragraph of the status report reads as follows: It is informed that after the interim stay granted by this Hon'ble Court on 26.06.2018 in the W.P.No.14109/2018 filed by the petitioner, the renovation work stopped. Now the temple is not fully renovated and left with partial construction. Since then the employees and the people of the locality are still performing daily Pujas besides performing special pujas on the auspicious days. It is learnt the temple was in existence before the issuance of the G.O.No.426 P and AR department dated 13.12.1992 and this temple is not newly constructed one.

4. In view of the above, this Court is of the view that no further order is required in this writ petition. Therefore, recording the above statement made in the status report filed by the Joint Commissioner, HR & CE Department, Tiruppur, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petition is also closed. (J.N.B.,J.) (N.M.,J.) 07.09.2023 Index:Yes/No (1/2) Speaking/Non-speaking order vsi 3/5

To

1. The Collector, Tiruppur District, Tiruppur.

2. The Superintending Engineer, Udumalpet Electricity Distribution Circle, TANGEDCO, Tiruppur Road, Udumalpet - 642 126, Tiruppur District.

3. The Commissioner, Udumalpet Municipality, Udumalpet, Tiruppur District.

4/5

J.NISHA BANU,J.

and N.MALA,J.

vsi W.P.No.14109 of 2018 07.09.2023 (1/2) 5/5