Madras High CourtWP(MD)/7827/2019disposed of

R.Thayammal, v. The Joint Commissioner,

2019-04-29Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.7827 of 2019 R.Thayammal ... Petitioner Vs 1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Palayamkottai, Tirunelveli.

2.The Executive Officer, Arulmighu Sinthamani Natha Swamy Temple, Vasudevanallur, Tirunelveli Disrtrict. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to grant permission to dig up a well for cultivation in the second respondent's Temple land in connection with the old Survey No.81, New Survey No.1455/1, situated at Narayanapuram-II Village, Sivagiri Taluk, Tirunelveli District based on the petitioner's representation dated 18.02.2019.

For Petitioner : Mr.G.Thalaimutharasu For R1 : Mr.K.Mu.Muthu Additional Government Pleader For R2 : Mr.P.Athimoolapandian Government Advocate

ORDER

When the matter was taken up for hearing, the learned Additional Government Pleader appearing for the first respondent submitted that the petition mentioned representation would be disposed of on merits and in accordance with law within a period of three months. The first respondent shall of course hear the second https://hcservices.ecourts.gov.in/hcservices/ respondent Temple before passing final orders. It is made clear

that even if any permission is granted for the writ petitioner, the writ petitioner cannot claim any ownership over the well and if any well is dug out in the temple land, it will be belonged to the temple only.

2.This writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Palayamkottai, Tirunelveli.

2.The Executive Officer, Arulmighu Sinthamani Natha Swamy Temple, Vasudevanallur, Tirunelveli Disrtrict.

+1cc to Mr.G.Thalaimutharasu, Advocate, SR.No. 64088 +1cc to M/s.Special Government Pleader,SR.No. 65013 W.P.(MD)No.7827 of 2019 29.04.2019 SKM KK/SAR/03.06.2019/2P-5C https://hcservices.ecourts.gov.in/hcservices/