P.Murugan, v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].No.4759 of 2014 and M.P.(MD)Nos.1 and 2 of 2014 P.Murugan :Petitioner Vs.

1.The Commissioner, No.119, Nungampakkam Highways, Chennai-34.

2.The Joint Commissioner, Trivandrum Road, Palayamkottai, Tirunelveli District.

3.The Assistant Commissioner, A.R.Line Road, Palayamkottai, Tirunelveli District.

4.Andiappan @ John Pandian 5.M.Chinna Kombiah : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 3 not to allow any private party into the administration of the temple and protect the interest, revenue and administration of the Pooludaiyar Sastha Temple situated in Marugal Thalai, Tirunelveli District and take action for removal of the building constructed within the premises of the Temple land by the respondents 4 and 5.

For Petitioner : Mr.H.Arumugam For Respondents 1to3 : Mr.T.R.Janarthanan, Additional Government Pleader For Respondents 4&5 : Mr.M.Saravanan

O R D E R

[Order of the Court was made by S.NAGAMUTHU, J.] The petitioner has come up with this Public Interest Litigation with the following prayer:

"Writ of Mandamus, directing the respondents 1 to 3 not to allow any private party into the administration of the temple and protect the interest, revenue and administration of the Pooludaiyar Sastha Temple situated in Marugal Thalai, Tirunelveli District and take action for removal of the building constructed within the premises of the Temple land by the respondents 4 and 5."

2. It is submitted by the learned Additional Government Pleader appearing for the Hindu Religious and Charitable Endowments Department that already a Fit Person has been appointed, who is now administering the temple.

3. In view of the said submission made by the learned Additional Government Pleader, nothing survives for adjudication in this Writ Petition. The Writ Petition is, therefore, dismissed. No costs. Consequently, the connected miscellaneous petitions are also dismissed.

Sd/ Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar To 1.The Commissioner, No.119, Nungampakkam Highways, Chennai-34.

2.The Joint Commissioner, Trivandrum Road, Palayamkottai, Tirunelveli District.

3.The Assistant Commissioner, A.R.Line Road, Palayamkottai, Tirunelveli District.

+1 cc to MR.M.SARAVANAN, Advocate Sr.No.57358 +1 cc to MR.H.ARUMUGAM, Advocate Sr.No.57266 +1 cc to Special Government Pleader Sr.No.57783 Order made in W.P.[MD].No.4759 of 2014 Dated: 29.09.2016 SMA/SKS-RR/19/10/2016 :3P/7C