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Madras High CourtWP/35100/2024disposed of

A.Radhakrishnan v. The District Executive Magistrate Cum

2024-12-16Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN A.Radhakrishnan ... Petitioner Vs.

1. The District Executive Magistrate cum Collector

2. The Sub Divisional Executive Magistrate cum Revenue Divisional Officer Suramangalam, Salem - 636 005

3. The Commissioner of Police Linemedu, Salem - 636 006

4. The Inspector of Police Law and Order Salem Town - 636 001

5. The Commissioner Hindu Religious & Charitable Endowments Department 119, Nungambakkam High Road Chennia - 600 034 1/6

6. The Joint Commissioner Hindu Religious & Charitable Endowments Department

7. The Chairman Board of Trustee Arulmigu Puthu Angalamman and Group Temples Kadai Veethi, Salem Town - 636 001

8. The Executive Officer Arulmigu Puthu Angalamman and Group Temples Kadai Veethi, Salem Town - 636 001 ... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India to issue a Writ of Mandamus directing the respondents 1 and 2 to take immediate action in accordance with Section 152 of the B.N.S. on the basis of 4th respondent report dated 26.11.2023 and thereby remove the nuisance found in 8th respondent temple premises.

For Petitioner : Mr.Radhakrishnan For Respondents 1 and 2 : Mr.P.Balathandayutham Special Government Pleader For Respondents 3 and 4 : Mr.S.Sugendran Additional Public Prosecutor For Respondents 5 to 8 : Mr.K.Karthikeyan Government Advocate (HR & CE) 2/6

ORDER

This Writ Petition has been filed by the petitioner to direct the respondents 1 and 2 to take immediate action in accordance with Section 152 of the B.N.S. on the basis of 4th respondent report dated 26.11.2023 and thereby remove the nuisance found in 8th respondent temple premises.

2. When the matter came up before this Court on 21.11.2024, the learned Additional Public Prosecutor appearing for the respondents 1 to 4 and the learned Government Advocate (Crl. Side) appearing for the respondents 5 to 8 submitted that the authorities had already initiated action and are taking steps to remove the building, which is said to be dilapidated condition. Hence, the matter was ordered to be listed after two weeks.

3. Today (16.12.2024) when the matter is taken up for hearing, the learned counsel for the petitioner, the learned Additional Public Prosecutor and Government Advocate (Crl. Side) submitted that the building has been dismantled and only the debris to be removed which can be done only during 3/6

night hours after the neighbours are settled.

4. Recording the above submissions, this Writ Petition is disposed of. There shall be no order as to costs.

16.12.2024 Index : Yes / No Speaking Order : Yes / No ksa-2 4/6

To

1. The District Executive Magistrate cum Collector

2. The Sub Divisional Executive Magistrate cum Revenue Divisional Officer Suramangalam, Salem - 636 005

3. The Commissioner of Police Linemedu, Salem - 636 006

4. The Inspector of Police Law and Order Salem Town - 636 001

5. The Public Prosecutor High Court of Madras 5/6

P.VELMURUGAN. J.

Ksa-2 16.12.2024 6/6