Madras High CourtWP/28825/2014dismissed

Mr. E.Kumaran, v. The District Collector,

2022-12-09Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.28825 of 2014 M.P.No.1 of 2014 & WMP.No.5946 of 2020 E.Kumaran ... Petitioner Vs

1. The District Collector, Villupuram District, Villupuram.

2. The Revenue Divisional Officer, Villupuram, Villupuram District.

3. The Tahsildar, Villupuram, Villupuram District.

4. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Villupuram District, Villupuram.

5. The Management of Sri Anjaneya Swamy Thiru Koi, Rep. by its Hereditary Trustee, Thiru Vi.Ka. Veethi, Villupuram.

6. The Executive Officer, Sri Anjaneyaswamy Thirukoil, Thiru Vi.ka Veethi, Villupuram.

... Respondents 1/6

Prayer :- Writ Petition filed under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents 4 to 6 to return the Medical Records, Medical Equipments like Incubator, Microscopic etc and Medical Reports to be furnished to the patients and other articles including Rs.75,000/- liquid cash high handedly taken away from the Clinical Laboratory at D.No.141/D, Thiru Vi-ka Veethi, Villupuram 605 602, Villupuram District and consequently forbearing the respondents 4 to 6 from interfering with running of Clinical Laboratory by the petitioner in the aforesaid premises comprised in T.W.No.40 Villupuram Taluk and District, without any authority of law.

For Petitioner : No appearance For Respondents : Mr.K.Karthikeyan Government Advocate - R1 to R4 Mr.N.Suresh - R5 No appearance - R6

ORDER

This Writ Petition has been filed to direct the respondents 4 to 6 to return the Medical Records, Medical Equipments like Incubator, Microscopic etc and Medical Reports to be furnished to the patients and other articles including Rs.75,000/- liquid cash high handedly taken away 2/6

from the Clinical Laboratory at D.No.141/D, Thiru Vi-ka Veethi, Villupuram 605 602, Villupuram District and consequently forbearing the respondents 4 to 6 from interfering with running of Clinical Laboratory by the petitioner in the aforesaid premises comprised in T.W.No.40 Villupuram Taluk and District, without any authority of law.

2. When the matter is taken up today, the learned Government Advocate appearing for the first and second respondents submitted that as the petitioner failed to pay the rent fixed by the Hindu Religious and Charitable Endowment Department, the notice sent to the petitioners under section 78 of the Hindu Religious and Charitable Endowments Act and subsequently, enquiry has been conducted and the petitioner has participated in the enquiry and also filed a counter affidavit. Thereafter, proceedings under section 78 of the Hindu Religious and Charitable Endowments Act has been concluded and final Order has also been passed for evicting the petitioner.

3. In such view of the matter, nothing survives for adjudication in this Writ Petition. Though the petitioner has stated in the Writ Petition that his 3/6

medical records and equipments and cash of Rs.75,000/- have been taken away by the respondents, the petitioner has not filed any materials before this Court to substantiate the same. Hence, without any materials, there cannot be any direction to the respondents.

4. Accordingly, this Writ Petition is dismissed as infructuous. Consequently, connected miscellaneous petitions are closed. No costs. 09.12.2022 vrc To