M.Easwaran, v. The Distirict Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2015 CORAM :
THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.9831 of 2014 M.Easwaran ... Petitioner Vs.
1.The District Collector, Madurai District, Madurai 2.The Revenue Divisional Officer, Madurai District, Madurai.
3.The Tahsildar, Madurai North, Madurai.
4.The Divisional Engineer, Highways Department, Construction and Maintenance, Madurai District, Madurai.
5.The Assistant Divisional Engineer, Highways Department, Construction and Maintenance, Madurai District, Madurai.
6.The President, Samayanallur Panchayat, Samayanallur, Madurai District.
... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 16.06.2014 and pass appropriate order and consequently restrain the respondents from in any way interfering with the peaceful worship administration possession and enjoyment of Arulmigu Parvathavardhini Parameswarar Thirukoil Situate in Samayanallur Village, Madurai North Tk Madurai District by demolishing or by causing any other damage to the temple and deities in prejudice to the devotees of the temple and for such other consequential reliefs. For Petitioners : Mr.Veera.Kathiravan For Respondents : Mr.M.Alagadevan, Special Government Pleader.
ORDER
(Order of the Court was made by R.SUDHAKAR,J.) It appears that pursuant to the order passed by this Court in W.P(MD)No.11057 of 2013 some action has been taken by the authority by issuing notice to the petitioner. Thereafter, the petitioner has also https://hcservices.ecourts.gov.in/hcservices/
submitted a representation dated 16.06.2014 to the authorities not to interfere with the peaceful worship, administration, possession and enjoyment of the temple. Since no order has been passed, the present writ petition has been filed.
2.We do not express any opinion on the merits of the representation of the petitioner dated 16.06.2014 except to direct the concerned respondent to consider and dispose of the said representation on its own merits and in accordance with law. If any third party will be affected by the nature of the relief sought for by the petitioner or by any order to be passed, the authority shall hear such person to avoid the allegations of violation of principles of natural justice. It is made clear that this Court has not expressed any opinion on the merits of the case and the authority concerned is free to deal with the matter on its own merit as per law.
3.The writ petition is disposed of as above. No costs. Consequently, M.P(MD)No.1 of 2014 is closed.
Sd/- Assistant Registrar(writ) /TRUE COPY/ Sub Assistant Registrar sms To 1.The District Collector, Madurai District,Madurai 2.The Revenue Divisional Officer, Madurai District, Madurai. 3.The Tahsildar, Madurai North, Madurai.
4.The Divisional Engineer, Highways Department, Construction and Maintenance, Madurai District, Madurai.
5.The Assistant Divisional Engineer, Highways Department, Construction and Maintenance, Madurai District, Madurai.
6.The President, Samayanallur Panchayat, Samayanallur, Madurai District.
+1 cc to MR.Veerakathiravan, ADVOCATE, SR NO: 50214 +1 CC to M/S.SPL.GOVT.PLEADER, SR NO: 50887 JAM/SKS-RR/30.9.15/2P-9C Writ Petition (MD) No.9831 of 2014 31.08.2015 https://hcservices.ecourts.gov.in/hcservices/