Madras High CourtWP(MD)/9391/2017disposed of

Arulmigukalijakkammalthirukoil v. The Divisional Engineer,

2017-05-24Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.05.2017

CORAM:

THE HONOURABLE Mr.JUSTICE M.V.MURALIDARAN W.P.(MD)No.9391 of 2017 and W.M.P(MD).No.7143 of 2017 Arulmigu Kali Jakkammal Thirukovil Rep. by its President and Dharmakartha V.Selvam ... Petitioner Vs.

1. The Divisional Engineer, Construction and Maintenance, Highways Department, Tirunelveli.

2. The Assistant Engineer, Construction and Maintenance, Highways Department, Valliyoor, Radhapuram Taluk, Tirunelveli District.

... Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a writ of mandamus, directing the respondents to complete the proceedings initiated in Memo No.3401/2011/VA2, dated 12.12.2011 and pass orders for assignment of the land is S.No.1319 in favour of the petitioner Temple by considering its representation dated 04.03.2017 and 26.04.2017. For Petitioner : Mr.H.Arumugam For Respondents : Mrs.S.Bharathi, Government Advocate.

O R D E R

The petitioner seeks the issuance of a writ of mandamus, directing the respondents to complete the proceedings initiated in Memo No.3401/2011/VA2, dated 12.12.2011 and pass orders for assignment of the land is S.No.1319 in favour of the petitioner Temple by considering its representation dated 04.03.2017 and 26.04.2017.

2. The learned Government Advocate takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.

3. The learned counsel for the petitioner submitted that it would suffice if the representation of the petitioner is directed to be disposed of, on merits and in accordance with law, within a time frame to be fixed by this Court.

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4. In view of the limited scope of the prayer, without going into the merits of the matter, the respondents are directed to complete the proceedings initiated in Memo No.3401/2011/VA2, dated 12.12.2011 and pass orders for assignment of the land in S.No.1319 in favour of the petitioner Temple by considering its representation, dated 04.03.2017 and 26.04.2017, on merits and in accordance with law after providing an opportunity of personal hearing to the petitioner within a period of four weeks from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition stands disposed of. Consequently, the connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The Divisional Engineer, Construction and Maintenance, Highways Department, Tirunelveli.

2. The Assistant Engineer, Construction and Maintenance, Highways Department, Valliyoor, Radhapuram Taluk, Tirunelveli District.

+1cc to Special Government Pleader, SR.No. 57663 +1cc to M/S.H.Arumugam, Advocate SR.No. 57541 W.P.(MD)No.9391 of 2017 and W.M.P(MD).No.7143 of 2017 24.05.2017 skm/ar JM/JC/SAR 4/29.05.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/