Dharmaraj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE M. SUNDAR AND THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR W.P.No. 22745 of 2021 and W.M.P.No. 23964 of 2021 Dharmaraj Petitioner vs.

1.

The District Collector Collectorate Buildings Coimbatore District 641 018 The Sub-Collector-cum-Revenue Divisional Officer O/o.The Sub-Collector/Revenue Divisional Officer Pollachi 642 001 The Tahsildar O/o.The Tahsildar Pollachi 642 001 The Commissioner Hindu Religious and Charitable Endowments 119, Uthamar Gandhi Road Nungambakkam, Chennai 600 034 The Joint Commissioner (Regional) Hindu Religious and Charitable Endowments Commercial Tax Office Campus Dr.Balasundaram Road Coimbatore 641 018 The Assistant Commissioner Hindu Religious and Charitable Endowments Commercial Tax Office Campus Dr.Balasundaram Road Coimbatore 641 018

7.

The President Ramapattinam Panchayat Office Ramanathapuram, Mannur Post Pollachi Taluk Coimbatore District 642 005 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the 1st respondent to consider the representation of the petitioner dated 04.09.2021 seeking not to construct the religious structure in Natham S.F.No.30/24 which causes hindrance to the road at Gopalapuram Village, Mannur Post, Pollachi Taluk, Coimbatore District.

For petitioner Mr. S. Kumaran for Mr. R. Ramesh For RR 1 to 3 Mr. K. Suresh, Govt. Advocate For RR 4 to 6 Mr. K. Karthikeyan, Govt. Advocate For R7 Mr. M.S. Arasakumar, Govt. Advocate

ORDER

(made by M. SUNDAR, J.) Mr. S. Kumaran, learned counsel representing Mr. R. Ramesh, learned counsel on record for writ petitioner, expresses regret for not representing the matter in the previous listing on 01.07.2025 (yesterday). Therefore, the cause list caption 'FOR DISMISSAL' stands deleted. The matter is taken up for hearing.

Learned counsel submits that the case papers were returned to the writ petitioner long ago with consent for change of vakalat. Registry informs us that no new counsel has entered appearance on behalf of the writ petitioner.

Writ petitioner came to the Court with a plea that a temple should not be put up in S.F.No.30/24, R. Gopalapuram, Mannur Post, Pollachi Taluk, Coimbatore District [hereinafter 'said land' for the sake of convenience and clarity] which is classified as 'natham road poramboke'. Today, Mr. K. Karthikeyan, learned Government Advocate, HR & CE Department, submits, on instructions, that construction of temple has since been completed in the said land, temple is now under the control, management and administration of the Tamil Nadu Hindu Religious and Charitable Endowments Department. [To be noted, Mr. K. Karthikeyan, learned State counsel is so instructed by Ms. A. Bhagyavathi, Inspector, Office of the Inspector of HR & CE Department, Pollachi Division, Coimbatore].

In the light of the narrative thus far, we are of the considered view that a closure can be given to the captioned writ petition and the writ miscellaneous petition thereat, albeit with preservation of all the rights and contentions of the writ petitioner (if any), for further action. Captioned writ petition and writ miscellaneous petition thereat stand disposed of in the aforesaid manner. There shall be no order as to costs.

(M.S., J.) (H.C., J.) 02.07.2025 cad Index: Yes/No NC : Yes/No

To 1.

The District Collector Collectorate Buildings Coimbatore District 641 018 The Sub-Collector cum Revenue Divisional Officer O/o.The Sub-Colletor/Revenue Divisional Officer Pollachi 642 001 The Tahsildar O/o.The Tahsildar Pollachi 642 001 The Commissioner Hindu Religious and Charitable Endowments 119, Uthamar Gandhi Road Nungambakkam, Chennai 34 The Joint Commissioner (Regional) Hindu Religious and Charitable Endowments Commercial Tax Office Campus Dr.Balasundaram Road Coimbatore 641 018 The Assistant Commissioner Hindu Religious and Charitable Endowments Commercial Tax Office Campus Dr.Balasundaram Road Coimbatore 641 018 7.

The President Ramapattinam Panchayat Office Ramanathapuram, Mannur Post Pollachi Taluk Coimbatore District 642 005

M. SUNDAR, J.

and HEMANT CHANDANGOUDAR, J.

cad 02.07.2025