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Madras High CourtWP(MD)/11943/2017disposed of

K.Narayanan, v. The Commissioner

2017-08-21Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.11943 of 2017 and W.M.P(MD)No.9204 of 2017 1.K.Narayanan 2.M.Ramasamy 3.M.Jeyaraman ... Petitioner Vs.

1. The Commissioner, Chennai.

2. The Joint Commissioner, Uthamar Kovil Complex, Manachanallur Taluka, Tiruchirappalli District.

3. The Assistant Commissioner, Pudukottai.

4. The Executive Officer, A/M Meyyar Ayyanar Temple, Narpavalakudi, Arandangi Taluka, Pudukottai District.

5. R.Meyyanathan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to consider the representations of the petitioners dated 28.11.2016 and to consequently cancel the permission granted by the 2nd respondent to the 5th respondent to construct the R.C.C Mandapam of A/M Meyyar Ayyanar Temple vide its proceedings in

Se.Mu.Muu.Mu.No.11875/2016/A1 dated 13.09.2016 and in the interregnum to restrain the 5th respondent from demolishing the Temple structure, Gopuram and Kalasam of A/M Meyyar Ayyanar Temple situated at Narpavalakudi, Arandangi Taluk, Pudhukottai District. For Petitioner : Mr.J.Maria Roseline For Respondents 1 to 3 : Mr.T.S.Mohammed Mohideen Additional Government Pleader For 4th Respondent : Mr.G.Mathavan For 5th Respondent : Mr.R.Paranjothi for Mr.K.Balasundaram

O R D E R

[Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioners are aggrieved by the attempted in demolition of temple structures, Gopuram and Kalasam of A/M Meyyar Ayyanar Temple situated at Narpavalakudi, Arandangi Taluk, Pudhukottai District by the fifth respondent herein under the guise of carrying out renovation works, by virtue of the permission granted by the second respondent herein on 30.09.2016. 2.When the case came up for disposal today, this Court heard the learned counsel for the concerned parties. 3.It is seen that the second respondent herein vide proceedings dated 30.09.2016 gave permission in favour of the fifth respondent to carry out certain renovation works. Number of conditions were also stipulated in the said proceedings.

It is the duty of the second and fourth respondents herein to ensure that the fifth respondent acts strictly in terms of the said proceedings dated 30.09.2016. The fifth respondent is also specifically restrained from travelling beyond the scope of permission that was granted in his favour. The second and fourth respondents are mandated to monitor that there is no violation of the proceedings dated 30.09.2016.

4.With this direction, this Writ Petition is disposed of. No costs. Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To

1. The Commissioner, Chennai.

2. The Joint Commissioner, Uthamar Kovil Complex, Manachanallur Taluka, Tiruchirappalli District.

3. The Assistant Commissioner, Pudukottai.

+1cc to M/S. J.MARIA ROSELINE, Advocate, SR.No.73424. +1cc to M/S. K.BAALASUNDHARAM, Advocate, SR.No.73612. +1cc to Special Government Pleader, SR.No.73889. ORDER MADE IN W.P.(MD)No.11943 of 2017 21.08.2017 rmi SDS/KK/SAR 1/06.09.2017/3P/7C