Thatchinamoorthi, v. State Of Tamilnadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD) No.18817 of 2018 and WMP(MD)No.16670 of 2018 Thatchinamoorthi ... Petitioner vs.
1.State of Tamil Nadu, rep.by the Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai - 34.
2.The District Collector, Thanjavur, Thanjavur District.
3.The Superintendent of Police, Thanjavur District, Thanjavur.
4.The Local Planning Authority, 19, Selvam Nagar, Medical College Road, Thanjavur.
5.The Block Development Officer, Thirupanathal, Thiruvidaimaruthur Taluk, Thanjavur District.
6.The Executive Officer, Mullangudi Panchayat, Mullangudi Village & Post, Thiruvidaimaruthur Taluk, Thanjavur District - 612 502. ... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1, 2 and 4 to take appropriate action against the 6th respondent for putting up construction of the Arulmighu Pidariamman Kovil, Madhagusalai Village temple land in Sy.No.238/14 in Madhagusalai Village , Mullangudi Panchayat, Thanjavur District at the cost of the
Government on the basis of the petitioner's representation dated 02/08/2018.
For Petitioner : Mr.P.M.Vishnuvarthanan For R1 to R4 : Mr.K.Saravanan Government Advocate For R5 & R6 : Mr.C.Ramesh
O R D E R
[Order of the Court was made by M.M.SUNDRESH, J.] This writ petition has been filed seeking a Writ of Mandamus, directing the respondents 1, 2 and 4 to take appropriate action against the sixth respondent from putting up construction in the place said to have been belonged to a temple. 2.The learned counsel appearing for the petitioner fairly submits that though there is a civil suit filed for permanent injunction, the present writ petition has been filed seeking appropriate direction, based upon the representation made on 02.08.2018. The learned counsel further submits that this was done because the HR & CE department was not a party in the suit. 3.This writ petition has been filed on the failure of the petitioner who has been arrayed as first plaintiff in getting a temporary order of injunction.
Therefore, we are not inclined to entertain this writ petition. Accordingly, this writ petition is dismissed. However, taking into consideration of the submission made, the District Munsif Court, Kumbakonam is directed to dispose of the pending Interlocutory Application in O.S.No.201 of 2018 within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, WMP(MD)No.16670 of 2018 is closed.
Sd/ Assistant Registrar (AS) /True copy/ Sd/ Assistant Registrar (AS) /True copy/ Sub Assistant Registrar(CS-I) TO 1.The District Munsif, Kumbakonam 2.The Commissioner, State of Tamil Nadu, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai - 34.
3.The District Collector, Thanjavur, Thanjavur District.
4.The Superintendent of Police, Thanjavur District, Thanjavur.
5.The Local Planning Authority, 19, Selvam Nagar, Medical College Road, Thanjavur.
6.The Block Development Officer, Thirupananthal, Thiruvidaimaruthur Taluk, Thanjavur District.
7.The Executive Officer, Mullangudi Panchayat, Mullangudi Village & Post, Thiruvidaimaruthur Taluk, Thanjavur District - 612 502.
+1cc to Mr.P.M.VISHNUVARTHANAN, Advocate, SR.No.81205 +1cc to M/s.Special Government Pleader,SR.No. 81294 W.P.(MD) No.18817 of 2018 29.08.2018 MJ KK/RP/SAR-2/24.09.2018/3P-9C DS SKN SAR-1 24 10 2018 3P 10C