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Madras High CourtWP/26582/2021closed

Tamilarasi Deivasigamani v. The Principal Secretary To Government

2022-04-13Honourable Ms.Justice V.M.Velumani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.04.2022

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.NO.26582 OF 2021 AND W.M.P.NO.28039 OF 2021 Tamilarasi Deivasigamani .. Petitioner Vs.

1. The Principal Secretary to Government, Tourism, Culture & Religious Endowments Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The District Collector, Namakkal District, Namakkal.

3. The Commissioner, Hindu Religious & Charitable Endowments Department, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.

4. The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Erode District.

5. Arulmighu Athanur Amman Temple, Rep. by its Trustees, No.170, Chittlandur Village, Tiruchengode Taluk, Namakkal District.

.. Respondents

Prayer:

Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to forbear the Respondents 2 to 4, their men, agents from illegally encroaching/putting up any construction in the property belonging to the 5th Respondent situate at in T.D.No.739, comprised in S.No.150, admeasuring 5-90.50 Hectare i.e. 14.59 Acres, situated at No.170, Chittlandur Village, Tiruchengodu Taluk, Namakkal based on the representation of the petitioner dated 05.11.2021 and pass orders in accordance with law. For Petitioner :

Mr.Abinesh Babu for Mr.Ma.Gouthaman For RR 1 & 2 :

Mr.U.Baranidharan Additional Government Pleader For RR 3 & 4 :

Mrs.M.Geetha Thamaraiselvan Special Government Pleader For R5 :

Mr.R.Rajesh Vivekananthan

O R D E R

The petitioner has come out with the present Writ Petition forbearing the respondents 2 to 4 from illegally encroaching/putting up any construction in the property belonging to the 5th respondent based on the petitioner's representation dated 05.11.2021.

2.When the Writ Petition is taken up for hearing, the learned Additional Government Pleader appearing for respondents 1 & 2, learned Special Government Pleader appearing for respondents 3 & 4 as well as the learned counsel appearing for the 5th respondent on written instructions from the respondents 4 and 5, submitted that the respondents 3 & 4 have dropped the proceedings for construction of college in Survey No.150 in the land measuring 14.59 Acres, situated at No.170, Chittlandur Village, Tiruchengodu Taluk, Namakkal, which belongs to 5th respondent Temple.

3.In view of the above said submissions of the learned Additional Government Pleader appearing for respondents 1 & 2, learned Special Government Pleader appearing for respondents 3 & 4 as well as the learned counsel appearing for the 5th respondent, no further order is necessary in the Writ Petition.

4.In the result, the Writ Petition is closed. Consequently, the connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar krk To

1. The Principal Secretary to Government, Tourism, Culture & Religious Endowments Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The District Collector, Namakkal District, Namakkal.

3. The Commissioner, Hindu Religious & Charitable Endowments Department, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.

4. The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Erode District.

+1cc to Mr.Ma.Gouthaman, Advocate, SR.NO.25679 +1cc to Mr.R.Rajesh Vivekananthan, Advocate, SR.NO.25623 +1cc to Government Pleader, SR.NO.26019 W.P.No.26582 of 2021 JPL(CO) PM/29/04/2022