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Madras High CourtWP(MD)/8043/2021dismissed

Sundaramoorthy.K v. The Commissioner

2021-04-19Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI S.Sundaramoorthy ... Petitioner Vs.

1. The Commissioner The Hindu Religious and Charitable Endowments Department (HR & CE), 119, Uthamar Gandhi Salai, Thousand Lights West, Nungambakkam, Chennai - 600 034.

2.The Assistant Commissioner O/o. Assistant Commissioner, The Hindu Religious and Charitable Endowments Department (HR & CE), Nachiyar street, Virudhunagar.

3. The Joint Commissioner O/o.Joint Commissioner The Hindu Religious and Charitable Endowments Department (HR & CE), Thiruppathoor Road Sivagangai.

4. The Executive Officer The Hindu Religious and Charitable Endowments Department (HR & CE), Arulmighu Venkatachalapathi Swamy Temple O/o. Arulmighu Venkatachalapathi Swamy Temple, Sathoor Taluk, Virudhunagar District.

5. M/S.Shankar Ganesh Fire Works Factory, Ondippuli Naickanoor Village Virudhunagar Taluk and Virudhunagar district. represented by 6.Chokkappan 7.C.Sarojini 8.C.Sundaralakshmi ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of 1/3

India for issuance of Writ of Mandamus, directing the respondents 1 to 4 to take appropriate action for the closure and removal of the Shankar Ganesh Fire Works Factory / 5th respondent, situated at Ondippuli Naickanoor Village, Virudhunagar Taluk and Virudhunagar District comprising in Survey Nos.1308/1B1A and 1308/1B1B which is owned and run by the respondents 6 to 8 represented by partners. For Petitioner : Mr.L.Prabhu For Respondents 1 to 3: Mr.K.P.Narayanakumar, Special Government Pleader For 4th Respondent : Mr. P.Mahendiran, Additional Government Pleader

O R D E R

********** [Order of the Court was made by T.S.SIVAGNANAM, J.] This Writ Petition has been filed for a direction to the respondents 1 to 4 to take appropriate action for the closure and removal of the Shankar Ganesh Fire Works Factory / 5th respondent, situated at Ondippuli Naickanoor Village, Virudhunagar Taluk and Virudhunagar District.

2.The learned Additional Government Pleader appearing for the fourth respondent submitted that pursuant to the directions issued in two other writ petitions in W.P.(MD)Nos.14428 and 16833 of 2017, the matter is not pending before the District Revenue Officer, Virudhunagar in file No.A2/9009/2020 and enquiry is going on.

3. In the light of the same, we permit the petitioner also to submit a representation to the District Revenue Officer as an intervener and placed records, which are available with him to assist the District Revenue Officer in the conduct of the enquiry. 4.With the above observation the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (CO) / True Copy / / /2021 Sub Assistant Registrar(CS) RM 2/3

Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Commissioner The Hindu Religious and Charitable Endowments Department (HR & CE), 119, Uthamar Gandhi Salai, Thousand Lights West, Nungambakkam, Chennai - 600 034.

2.The Assistant Commissioner O/o. Assistant Commissioner, The Hindu Religious and Charitable Endowments Department (HR & CE), Nachiyar street,Virudhunagar.

3.The Joint Commissioner O/o.Joint Commissioner The Hindu Religious and Charitable Endowments Department (HR & CE), Thiruppathoor Road, Sivagangai.

4.The Executive Officer The Hindu Religious and Charitable Endowments Department (HR & CE), Arulmighu Venkatachalapathi Swamy Temple O/o. Arulmighu Venkatachalapathi Swamy Temple, Sathoor Taluk, Virudhunagar District.

Copy to The District Revenue Officer, Virudhunagar.

+1 CC to M/s.SPL GP (SR-16764[F] dated 20/04/2021) +1 CC to M/s.P.MAHENDRAN, Advocate (SR-16610[F] dated 20/04/2021) +1 CC to M/s.PRABHU, Advocate (SR-16549[F] dated 20/04/2021) 19.04.2021 SSI (05.05.2021) 3P 9C 3/3