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Madras High CourtWP/35522/2023disposed of

R.Arumugam v. The Executive Engineer

2024-01-05Honourable Dr Justice Anita Sumanth4 pages

2024:MHC:5680

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2024 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH and W.M.P.No.35489 of 2023 1.R.Arumugam 2.A.Rajkumar .. Petitioners vs 1.The Executive Engineer, Highways Department Division, Public Works Department, Labar Thone Street, Puducherry.

2.The Deputy Collector of Revenue Department of Revenue and Disaster Management, O/o. Deputy Collector, Puducherry.

3.The Superintendent of Police, Law and Order (West), Villianur, Puducherry.

4.The Chief Engineer, Public Works Department, Government of Puducherry, Puducherry.

5.The Tahsildar, Department of Revenue and Disaster Management, Villianur, Puducherry - 606 110.

6.The Station House Officer, Villainur Police Station, Villianur, Puducherry.

.. Respondents 1/4

Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the first respondent to return the articles to the petitioner taken away from Arulmigu Shree Thamarai Angala Parameshwari Alayam, Ariyur, Puducherry on 16.11.2023 on the basis of petitioner's representation dated 19.11.2023 within time limit that may be fixed by this Court. For Petitioner :

Mr.M.Gnanasekar For Respondents :

Mr.Ramaswamy Meiyappan Government Advocate

ORDER

The petitioner claims to be the President of Arulmigu Shree Thamarai Angala Parameshwari Alayam, Ariyur, Puducherry. He would allege that respondents had demolished the temple using poclain machine. At the time of such demolition, articles numbering 1 to 34 set out in writ affidavit at paragraph 3 are stated to have been taken away and are now kept in the custody of first respondent / Executive Engineer, Highways Department, Division, Public Works Department. He thus made as a representation on 19.11.2023 for return of articles but there has been no response. Hence this writ petition.

2.

A copy of representation is placed in the typed-set and also contains a seal of acknowledgement. However, since copy 2/4

placed in the Court bundle is extremely dull, this Court is unable to appreciate which authority has received the representation. 3.

Faced with this position, petitioner would request that he be permitted to make a fresh representation and is so permitted. Let the representation be filed before R5 / Tahsildar, who shall take inputs from the other respondents and dispose the same within a period of four weeks from receipt thereof, in accordance with law. 4.

This writ petition stands disposed in terms of this order. No costs. Connected miscellaneous petition is closed. 05.01.2024 Index:Yes/No ssm To 1.The Executive Engineer, Highways Department Division, Public Works Department,Labar Thone Street, Puducherry. 2.The Deputy Collector of Revenue Department of Revenue and Disaster Management, O/o. Deputy Collector, Puducherry.

3.The Superintendent of Police, Law and Order (West), Villianur, Puducherry.

4.The Chief Engineer, Public Works Department,Government of Puducherry, Puducherry. 5.The Tahsildar, Department of Revenue and Disaster Management, Villianur, Puducherry - 606 110.

6.The Station House Officer, Villainur Police Station, Villianur, Puducherry.

3/4

DR. ANITA SUMANTH,J.

ssm 05.01.2024 4/4