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Madras High CourtWP/26807/2021disposed of

D. Kumar, v. The State Of Tamilnadu

2022-07-13Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE and W.M.P.Nos.28240, 28243 and 28246 of 2021

1. D.Kumar

2. S.Nallaiyan

3. N.Ramasamy

4. R.Senthil

5. S.Ganapathi

6. D.Baby

7. S.Dhamotharan

8. G.Pavayee

9. R.Ganesan 10.R.Mani 11.K.Duraisamy 12.N.Sasireka 13.D.Krishnaveni 14.L.Manjuparkavi 15.Dhanalakshmi 16.P.R.Thangaraju 17.T.Indhira 18.K.Venkatesan 19.V.Subramanian 20.M.Saravanakumar 21.M.Sendrayan 22.K.Muthusamy 23.M.Dinesh 24.P.M.Kaliyannan 25.S.Sekar 26.K.Loganathan 27.S.Vellingiri 28.K.Ramasamy 29.S.Velusamy 1/6

30.S.Duraisamy 31.K.Thirumoorthy 32.S.Kandasami Gounder 33.T.Vasuki 34.T.Brintham 35.T.Muralitharan 36.K.Thangamani 37.T.Malliga 38.T.Divya 39.S.Rajamani 40.M.Subramaniam 41.S.Sulochana 42.S.Palaniappan 43.P.Sivasankar 44.K.Rajamanikam 45.R.Sengodan 46.K.Balasundaram 47.B.Devikarani 48.S.N.K.Eswaran 49.E.Shyamaladevi 50.K.Devaraj .... Petitioners

Versus

1. The State of Tamilnadu, Rep. by Secretary to Government, Department of Higher Education, Fort St. George, Chennai.

2. Directorate of Collegiate Education, EVK Sampath Building, 9th Floor, College Road, Chennai 600 006.

3. The State of Tamilnadu, Rep. by its Secretary to Government, Department of Tamil Development Culture & Information, Fort St. George, Chennai 600 009.

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4. The Commissioner, Hindu Religious & Charitable Endowments Department, Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034.

5. The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Namakkal District.

6. The Assistant Commissioner/Fit Person, Arulmigu Arthanareeswarar Temple, Tiruchengode Town, Namakkal District.

7. The Fit Person, Arulmigu Athanooramman Temple, Chithlanthoor Post, Tiruchengode Taluk, Namakkal District.

8. The Executive Officer, Arulmigu Athanooramman Temple, Chithlanthoor Post, Tiruchengode Taluk, Namakkal District.

..... Respondents Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus to call for the entire records pertaining to the impugned G.O.188, Higher Education (CE 1-2) dated 6.10.2021 issued by the 1st respondent, quash the same in so far as it relates to the construction of a self-financing college styled as "Arulmighu Arthanatheeswarar Kalai Matrum Ariviyal Kalloori" in the lands measuring 5 acres out of the 14.59 acres in S.No.150 Part, Chithalanthoor Village, Thiruchengode Taluk, Namakkal Disrict and a further mandamus to forbear the respondents herein from in any manner converting and utilizing the lands measuring 5 acres out of 14.59 acres in S.No.150 Part, Chithalanthoor Village, Thiruchengode Taluk, Namakkal 3/6

District, for the purpose of construction a self-financing college styled as "Arulmighu Arthanatheeswarar Kalai Matrum Ariviyal Kalloori". For Petitioner : Mr.M.Suresh Kumar For Respondents : Mr.K.H.Ravikumar Govt. Advocate for R 1 to R 6 : Mr.R.Rajesh Vivekananthan for R7 and R8

ORDER

Learned counsel for the 7th respondent would submit that the proposal to construct a college, which has been challenged in this writ petition, has now been dropped.

2. Since the relief sought for in this writ petition has been achieved by the petitioner, nothing survives for further adjudication in this writ petition.

3. After recording the submission of the 7th respondent as stated supra, this writ petition is disposed of. No costs. Connected miscellaneous petitions are closed.

13.07.2022 sr Index: Yes/No Speaking Order/Non-Speaking Order 4/6

To

1. The Secretary to Government of Tamilnadu, Department of Higher Education, Fort St. George, Chennai.

2. The Directorate of Collegiate Education, EVK Sampath Building, 9th Floor, College Road, Chennai 600 006.

3. The Secretary to Government of Tamilnadu, Department of Tamil Development Culture & Information, Fort St. George, Chennai 600 009.

4. The Commissioner, Hindu Religious & Charitable Endowments Department, Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034.

5. The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Namakkal District.

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ABDUL QUDDHOSE, J sr W.P.No.26807 of 13.07.2022 6/6