S.A.Palanisamy v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.A.Palanisamy ..

Petitioner Vs.

1. The Commissioner Hindu Religious and Charitable Endowments Department 119, Uthamar Gandhi Road Nungambakkam, Chennai - 600 034.

2. The District Collector District Collector's Office Namakkal District, Namakkal.

3. Arulmigu Vinayagar Thirukovil & Arulmigu Mariamman Thirukovil Rep. by the Executive Officer Sengodampalayam, Tiruchengode Taluk Namakkal District - 637 209.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, to quash the order in Se.Mu.AA.No.9026/2015/H-2 dated 10.11.2023 on the file of the 2nd respondent and further forbear the 2nd respondent from taking any coercive action insofar as S.No.115/2 and S.No.116, Kailasampalayam, Tiruchengode, Namakkal District, admeasuring an extent of 4.76 acres.

For the Petitioner : Mr.A.Vinash Wadhawani For the Respondents : Mr.NRR.Arun Natarajan Special Government Pleader (HR & CE) for R1 Mr.P.Muthukumar State Government Pleader for R2

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.A.Vinash Wadhawani, learned counsel for the petitioner, Mr.NRR.Arun Natarajan, learned Special Government Pleader (HR & CE) for the first respondent and Mr.P.Muthukumar, learned State Government Pleader for the second respondent.

2. Learned Special Government Pleader (HR & CE) submits that the third respondent, in the present writ petition, has already challenged the order impugned in the present petition by filing W.P.No.34594 of 2023 and the learned Single Judge has passed an order of status quo in the said writ petition.

3. When the party to the proceeding has already challenged the order impugned in the present petition, no question arises in entertaining the present public interest litigation in that regard.

4. In the light of that, the writ petition stands disposed of. There shall be no order as to costs. Consequently, W.M.P.No.37 of 2024 is closed.

(S.V.G., CJ.) (D.B.C., J.) 08.01.2024 Index :

Yes/No :

Yes/No drm To

1. The Commissioner Hindu Religious and Charitable Endowments Department 119, Uthamar Gandhi Road Nungambakkam, Chennai - 600 034.

2. The District Collector District Collector's Office Namakkal District, Namakkal.

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

(drm) 08.01.2024