Madras High CourtWP(MD)/13960/2020dismissed

P.K.N.Arumugam v. The Commissioner

2022-02-15Honourable Mr Justice N. Sathish Kumar2 pages

W.P.(MD)No.13960 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD)No.13960 of 2020 P.K.N.Arumugam

...Petitioner

/Vs./ 1.The Commissioner, Hindu Religious and Charitable Endowments, Ponnamalle High Road, Chennai.

2.The Inspector of Police, Chintamanipatty Police Station, Karur District.

3.C.Angusamy 4.The Thakkar / Executive Officer, Arulmigu Sri Sithantha Sametha Angala Parameswari Thirukoil, Varavanai, Kadavur Taluk, Karur District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the respondents 1 and 2 to provide appropriate and adequate protection for the construction of Sri Angala Parameswari Amman Temple at Varavanai Village, Kadavur Taluk, Karur District in accordance with law. For Petitioner : Ms.Nandhini, For Ms.D.Geetha For R1 : Mr.P.Subbaraj For R2 : Mr.A.Thiruvadikumar Additional Public Prosecutor For R3 : Mr.S.Gokulraj For R4 : No Appearance

ORDER

This Writ Petition has been filed to direct the respondents 1 and 2 to give protection in order to complete the construction of the temple.

2.Heard the learned counsel appearing for the petitioner. It is her contention that the third respondent is causing nuisance, while constructing the temple. Therefore, police protection is sought for.

3.Per contra the learned counsel appearing for the third respondent submitted that this Court in W.P.(MD)No.6653 of 2020, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.13960 of 2020 dated 28.08.2020, has clearly held that without permission of H.R.& C.E., no one has right to put up construction, hence opposed the same.

4.As this Court in the Writ Petition referred supra has directed in Paragraph No.9 in the manner in which the contribution to be received, accounts to be opened and directed the Executive Officer / Fit person to come out with appropriate plan or response, without his consent the petitioner cannot construct the temple. 5.With the above observation, this Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) Myr 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, Hindu Religious and Charitable Endowments, Ponnamalle High Road, Chennai.

2.The Inspector of Police, Chintamanipatty Police Station, Karur District.

3.The Thakkar / Executive Officer, Arulmigu Sri Sithantha Sametha Angal Parameswari Thirukoil, Varavanai, Kadavur Taluk, Karur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.SPL GP ( SR-6434[F] dated 15/02/2022 ) +1 CC to M/s.S.GOKULRAJ, Advocate ( SR-6346[F] dated 16/02/2022 ) +1 CC to M/s.D.GEETHA, Advocate ( SR-6588[F] dated 16/02/2022 ) W.P.(MD)No.13960 of 2020 15.02.2022 dks(CO)GC(01.03.2022) 2P 8C https://hcservices.ecourts.gov.in/hcservices/ 2/2