T.V.Murali v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.11820 of 2020 T.V.Murali ... Petitioner vs.

1.The Commissioner, Trichy City Corporation, Promenade Road, Cantonment, Trichy - 1, Trichy District.

2.The Assistant Commissioner, Srirangam Zone, Trichy City Corporation, Srirangam Zonal Office, Gandhi Road, Srirangam, Trichy - 6, Trichy District.

3.The Joint Commissioner, Office of the Joint Commissioner, HR & CE, Thiruvanaikovil, Trichy - 5, Trichy District.

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4.The Joint Commissioner/Executive Officer, Arulmigu Renganathar Thirukovil, Thiruvarangam, Trichy.

5.Srinivasa Perumal Palahari Purushothama Ramanuja Jeeyar Madam, Represented by its Executive Officer, Trichy.

6.V.Srinivasan ... Respondents (R - 4 to R - 6 are suo motu impleaded vide order dated 12.10.2020) PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to take appropriate steps pertaining to the illegal construction put up by the third respondent at property situated at Trichy District, Srirangam Taluk, Thimmarayasumudram Revenue Village, T.S.Nos.2456 & 2457, Door No.122, Amma Mandapam Road, Srirangam, in the light of the petitioner's representation dated 24.09.2020 within a stipulated period fixed by this Court.

For Petitioner : Mr.R.Sundar For Respondent Nos.1 & 2 : Mr.R.Baskaran for M/s.R.B.Law Associates For Respondent No.3 : Mr.N.Satheesh Kumar Additional Government Pleader For Respondent No.4 : Mr.M.Saravanan For Respondent No.5 : Mr.Ramsundarvijayraj for M/s.Veera Associates 2/6

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) The petitioner has filed the present Writ Petition for issuance of a Writ of Mandamus, to direct the respondents 1 and 2 to take appropriate steps pertaining to the illegal construction put up by the third respondent in Trichy District, Srirangam Taluk, Thimmarayasumudram Revenue Village in T.S.Nos.2456 & 2457, Door No.122, Amma Mandapam Road, Srirangam, in the light of the petitioner's representation dated 24.09.2020 within a stipulated period fixed by this Court.

2.Today, when the matter was taken up for hearing, learned Additional Government Pleader appearing for the third respondent submits that in respect of Survey Nos.2456 and 2457 unauthorized construction has been stopped and for removal of encroachment is concerned, the issue is pending before the third respondent/Joint Commissioner, Trichy under Section 78 of the Hindu Religious and Charitable Endowments Act. 3/6

3.In view of the abovesaid submission made by the learned Additional Government Pleader, we direct the third respondent to dispose of the said proceeding initiated under Section 78 of the Act and pass appropriate orders on merits and in accordance with law, after providing due opportunity to the parties concerned, within a period of four months from the date of receipt of a copy of this order. 4.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. [D.K.K.,J.] [R.V.,J.] 18.03.2024 NCC : Yes / No Index : Yes / No ps 4/6

To 1.The Commissioner, Trichy City Corporation, Promenade Road, Cantonment, Trichy - 1, Trichy District.

2.The Assistant Commissioner, Srirangam Zone, Trichy City Corporation, Srirangam Zonal Office, Gandhi Road, Srirangam, Trichy - 6, Trichy District.

3.The Joint Commissioner, Office of the Joint Commissioner, HR & CE, Thiruvanaikovil, Trichy - 5, Trichy District.

4.The Joint Commissioner/Executive Officer, Arulmigu Renganathar Thirukovil, Thiruvarangam, Trichy.

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D. KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

ps ORDER MADE IN DATED : 18.03.2024 6/6