P.Radhakrishnan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.3575 of 2025 P.Radhakrishnan ... Petitioner vs.

1.The Commissioner, Hindu Religious and Charitable Endowment Development, Nungambakkam, Chennai.

2.The District Collector, Office of the District Collector, 3.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai.

4.The Joint Commissioner, Hindu Religious and Charitable Endowment Development, Joint Commissioner Office, Thiruppattur Road, Sivagangai.

5.The Thasildar, Office of the Thasildar, Ilayangudi Taluk, Sivagangai District.

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6.The Inspector of Police, Elayangudi Police Station, 7.The Commissioner / Block Development Officer, Ilayangudi Panchayat Union, Sivagangai District. 8.M.Vengkatesan Chettiar, The Hereditary Trustee, Arulmighu Muthumaraiamman Temple, Thayamangalam, Ilayangudi Taluk, 9.Jeyaraman ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 4 and 8 to take necessary action as against the 9th respondent for illegally occupying entire Thayamangalam Temple in Survey No.72 to an extent of 16 acres 27 cents in Thayamangalam Village and Ilayangudi Taluk, Sivagangai District in a time bound manner.

For Petitioner : Mr.D.Senthil For RR 1 to 5 & 7 : Mr.P.Thilak Kumar Government Pleader For R - 6 : Mr.A.Albert James Government Advocate (Criminal Side) For R - 8 : Mr.T.S.Mohammed Mohideen For R - 9 : Mr.K.Jeyamohan 2/6

ORDER

(Order of the Court was made by J. NISHA BANU, J.) The petitioner has filed the present Writ Petition to direct the respondents 4 and 8 to take necessary action as against the 9th respondent for illegally occupying the entire Thayamangalam Temple in Survey No.72 to an extent of 16 acres 27 cents in Thayamangalam Village and Ilayangudi Taluk, Sivagangai District, in a time bound manner.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.The specific contention of the petitioner is that the 9th respondent is an encroacher.

4.Today, when the matter is taken up for hearing, the learned Government Pleader appearing for the respondents 1 to 5 and 7 has produced the proceedings of the 7th respondent dated 20.03.2025 and stated that the 9th 3/6

respondent is a successful bidder in the auction and he has been occupying the premises based on the tender alone. The tender was also confirmed by the Commissioner, who is the appropriate authority, on 20.03.2025. 5.In view of the above, we are not inclined to entertain the Writ Petition. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. [J.N.B.,J.] & [S.S.Y.,J.] 26.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The Commissioner, Hindu Religious and Charitable Endowment Development, Nungambakkam, Chennai.

2.The District Collector, Office of the District Collector, 3.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai.

4.The Joint Commissioner, Hindu Religious and Charitable Endowment Development, Joint Commissioner Office, Thiruppattur Road, Sivagangai.

5.The Thasildar, Office of the Thasildar, Ilayangudi Taluk, Sivagangai District.

6.The Inspector of Police, Elayangudi Police Station, 7.The Commissioner / Block Development Officer, Ilayangudi Panchayat Union, 5/6

J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 26.03.2025 6/6