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Madras High CourtWP/3782/2016disposed of

The Deity Of Sri Dhrobathai v. Thiruvannamalai Municipality

2019-02-22Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2019

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.3782 of 2016 and W.M.P.No.3133 of 2016 The Deity of Sri Dhrobathai Amman Koil Near Easayana Madam rep. by its Dharmakartha at present A.Kathirvelu S/o.Arumugam Door No.29-E, 11th New Street, Thiruvannamalai Town and Taluk, Thiruvannamalai District.

... Petitioner Vs.

1. Thiruvannamalai Municipality Rep. by its Municipal Commissioner, Thiruvannamalai.

2. The District Collector, Thiruvannamalai District, Thiruvannamalai.

... Respondents * * * Prayer: Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus forbearing the respondents from interfering and transgressing into the property of the petitioner either by dispossessing the petitioner from the area earmarked as "Mithikalam" comprised in S.No.85/1, situated at Thiruvannamalai Taluk located within Ward No.1, Block No.3, Thiruvannamalai Town and Municipality and further to administer the appropriate procedure settled as due process to acquire and obtain the private land of the petitioner temple by providing a fair opportunity to the petitioner to place the objections to defend the proceedings. * * * For Petitioner :

Mr.P.G.Thiyagu For Respondents :

Mr.S.Pattabiraman, Government Advocate https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The petitioner seeks a writ of Mandamus forbearing the respondents from interfering and transgressing into its property by dispossessing the petitioner from the area earmarked as "Mithikalam" comprised in S.No.85/1, situated at Thiruvannamalai Taluk located within Ward No.1, Block No.3, Thiruvannamalai Town and Municipality and follow the due process of law to acquire and obtain the private land of the petitioner temple by providing a fair opportunity to the petitioner to place the objections to defend the proceedings.

2. On instructions, learned counsel for the Municipality submitted that the proposal to acquire the property or construct the public utilities was dropped and as on today, there is no such proposal, as alleged by the petitioner.

3. In view of the said submission, the apprehension of the petitioner does not survive. Accordingly, recording the said submission, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar gg To

1. The Municipal Commissioner, Thiruvannamalai Municipality Thiruvannamalai.

2. The District Collector, Thiruvannamalai District, Thiruvannamalai.

+1 cc to the Government Pleader, S.R.No.17009 W.P.No.3782 of 2016 PM(CO) SSM(27/03/2019).

https://hcservices.ecourts.gov.in/hcservices/