Madras High CourtWP(MD)/9610/2015disposed of

Kannapparkula Mutharaiyar v. The Revenue Divisional

2015-06-16Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :16.06.2015

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD).No.9610 of 2015 Kannapparkula Mutharaiyar, Sri Santhana Mariyamman Koil, rep.by its President V.Thangavel, Chinnakattankudi, Aruppukottai Taluk, Virudhungar District.

... Petitioner Vs 1.The Revenue Divisional Officer, Aruppukottai Taluk, Virudhungar District..

2.The Tahsildar, Aruppukottai Taluk, Aruppukottai, Virudhungar District.

3.The Deputy Superintendent of Police, Aruppukottai, Virudhungar District..

... Respondents This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to grant permission for the renovation of the temple Sri Santhana Mariamman situated at Chinnakattankudi Village, Aruppukottai Taluk, Virudhungar District by Kannapparkula Mutharaiyar Uravinmurai of Chinnakattankudi Village based on the petitioner's representation dated 20.08.2014.

For petitioner : Mr.G.Radhakrishnan For respondents : Mr.S.Chandrasekar Government Advocate

ORDER

This Writ Petition has been filed praying for a Writ of Mandamus directing the respondents to grant permission for the renovation of the temple Sri Santhana Mariamman situated at Chinnakattankudi Village, Aruppukottai Taluk, Virudhungar District by Kannapparkula Mutharaiyar Uravinmurai of Chinnakattankudi Village based on the petitioner's representation dated 20.08.2014.

2. The learned Counsel for the petitioner would submit that it would be suffice if the representation of the petitioner is disposed of by the respondents within the time stipulated by this Court.

3. Mr.S.Chandrasekar, learned Govt.Advocate accepts notice for the respondents.

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4. Though the prayer of the petitioner is an innocuous one, this Writ Petition is not maintainable for the simple reason that for the very same relief the petitioner has already approached this Court and obtained a favourable order in W.P.(MD).No.8534 of 2007 dated 19.07.2012. To reply, the learned Counsel for the petitioner would submit that there is no time limit in the order made in W.P.(MD).No.8534 of 2007 dated 19.07.2012. Such ground also cannot be countenanced in law, as he could have very much filed a contempt petition well in time. Therefore, the petitioner is directed to make necessary application to the authority concerned within a period of four weeks from today. On such filing, the authority shall consider the same and pass appropriate orders, on merits and in accordance with law, after issuing notice to the interested parties, within a period of six weeks, thereafter. With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar To 1.The Revenue Divisional Officer, Aruppukottai Taluk, Virudhungar District..

2.The Tahsildar, Aruppukottai Taluk, Aruppukottai, Virudhungar District.

3.The Deputy Superintendent of Police, Aruppukottai, Virudhungar District.

+1cc to MR.G.RADHAKRISHNAN, Advocate in SR.No. 31298 +1CC THE SPECIAL GOVERNMENT PLEADER, IN SR.NO. 31368 Ssm SR/KBM : 25.06.2015 : 2p/6c W.P(MD).No.9610 of 2015 16.06.2015 https://hcservices.ecourts.gov.in/hcservices/