Madras High CourtWP(MD)/5359/2023disposed of

Muthu U v. The District Collector

2023-03-14Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.03.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P.(MD) No.5024 of 2023 1.U.Muthu 2.S.Malmurugan .. Petitioners Vs.

1.The District Collector, Collectorate, Korampalam, Thoothukudi, 2.The Joint Commissioner, O/o. The Joint Commissioner, Department of Hindu Religious and Charitable Endowment, Thoothukudi.

3.The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Tiruchendur, Thoothukudi District.

4.The Tahsildar, Taluk Office, Tiruchendur, 5.A.T.Karuppaswamy .. Respondents

Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the second respondent to pass order in O.A.No.6 of 2022 on the file of the second respondent within stipulated period fixed by this Court. For Petitioner :

Mr.V.Rajiv Rufus For RR1 to 4 :

Mr.P.Subbaraj Special Government Pleader

ORDER

This writ petition is filed to issue a Writ of Mandamus directing the second respondent to pass order in O.A.No.6 of 2022 on the file of the second respondent.

2. This Writ Petition is disposed of, since already an application is pending under Section 63 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. The main grievance of the petitioner appears to be that the fifth respondent is taking hasty steps to demolish and put up new temple. Considering the fact that serious allegations have been made against the fifth respondent and the matter is pending disposal before the second respondent, the second respondent shall not

proceed with the demolition or construction of the temple till such time Section 63 application is disposed of. Direction is issued to the second respondent to dispose of the application, after giving opportunity of personal hearing to both the petitioner as well as the fifth respondent within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

14.03.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The District Collector, Collectorate, Korampalam, Thoothukudi, 2.The Joint Commissioner, O/o. The Joint Commissioner, Department of Hindu Religious and Charitable Endowment, Thoothukudi.

P.T.ASHA, J.

abr 3.The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Tiruchendur, Thoothukudi District.

4.The Tahsildar, Taluk Office, Tiruchendur, Dated: 14.03.2023