M.Karthikeyan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P. No.42702 of 2016 M.Karthikeyan .. Petitioner -vs1.The Commissioner, Hindu Religious Endowment Board, 119, Uttamar Gandhi Road, Nungambakkam, Chennai 600 006.

2.The District Collector, Tirupur District, Tirupur.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment, Tiruppur-4.

4.The Executive Officer, Arulmigu Visvera Swamy Visalatchiamman Subramani Swamy Thirukoilkal, Nallur, Tiruppur Taluk, Tirupur District.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents to remove any encroachment in the 4th respondent temple land measuring 9.67 acres in Survey No.165, situated at Nallur, Tiruppur Taluk.

For Petitioner :

Mr.Durai Gunasekaran For Respondents :

Mr.M.Maharaja Spl.G.P. For RR 1, 3 and 4 :

Mr.R.Vijayakumar, Addl.G.P. for R-2

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) We are not inclined to entertain the petition as a public interest litigation especially the compliant has been made only recently to the third respondent, who would naturally take action as per law as far as the encroachments are concerned. 2.Learned Special Government appearing for the HR & CE Department points out that S.A.No.5 of 2006 is pending on the file of this Court and on construction being carried out, an interim application was moved by the Department in which interim orders have been granted on 29.11.2016.

3.In view of aforesaid, writ petition stands dismissed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sra To 1.The Commissioner, Hindu Religious Endowment Board, 119, Uttamar Gandhi Road, Nungambakkam, Chennai 600 006.

2.The District Collector, Tirupur District, Tirupur.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment, Tiruppur-4.

4.The Executive Officer, Arulmigu Visvera Swamy Visalatchiamman Subramani Swamy Thirukoilkal, Nallur, Tiruppur Taluk, Tirupur District.

+1cc to Mr.Durai Gunasekaran, Advocate, S.R.No.72466 +1cc to the Government Pleader, S.R.No.72155 nmi(CO) md(20/12/2016) W.P.No.42702 of 2016