Ranganathan v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Ranganathan .. Petitioner -vs1. The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai 600 034.

2. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Thiruvannamalai District.

3. The Executive Officer, Arulmighu Saneeswara Bagawan Thirukoil & Arulighu Renugambal Amman Thirukoil, Polur Taluk, Tiruvannamalai District.

4. G.Rajalakshmi .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 3 to complete the construction of Pragara Mandapam in Arulmighu Saneeswara Bagavan Thirukoil, Errikuppam Village, Polur Taluk,

Thiruvannamalai District, in furtherance of work order/Tender dated 29.10.2018 bearing proceedings Che.Mu.Ka.No.57278/2014 of the 1st respondent.

For the Petitioner :

Mr.A.Prabhakaran For the Respondents :

Mr.C.Jayaprakash Govt. Advocate for RR 1 to 3 :

No appearance for r-4 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.A.Prabhakaran, learned counsel for the petitioner and Mr.C.Jayaprakash, learned Government Advocate for respondent Nos.1 to 3.

2. Direction is sought to complete the construction of Pragara Mandapam in Arulmighu Saneeswara Bagavan Thirukoil, Errikuppam Village, Polur Taluk, Tiruvannamalai District.

3. The learned Government Advocate appearing for respondent No.1 submits that in fact the work was commenced and 70% of the

work was completed.

However, a suit was filed by one Thirumangaialwar bearing O.S.No.197 of 2016 before the Sub Court Arni and injunction was granted by the Court against the respondents herein from constructing further. The said suit is now re-numbered as O.S.No.301 of 2022 and is now pending before the Sub Court, Polur. The next date of hearing is kept on 21.12.2023. The injunction order is still in force. The respondents are contesting the said suit.

4. As the order of injunction is in force, the direction as sought for by the petitioner cannot the granted. After the disposal of the suit, the parties may take further steps in tune with the judgment in the civil suit.

The writ petition is, accordingly, disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 15.12.2023 Index : Yes/No : Yes/No sra

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sra) To

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai 600 034.

2. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Thiruvannamalai District.

3. The Executive Officer, Arulmighu Saneeswara Bagawan Thirukoil & Arulighu Renugambal Amman Thirukoil, Polur Taluk, Tiruvannamalai District.

15.12.2023