Madras High CourtWMP(MD)/13863/2019ordered

The Commissioner, v. S.S.Chandran

2019-08-06Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Tuesday, the Sixth day of August Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.SATHYANARAYANAN and The Hon`ble Mr Justice B.PUGALENDHI IN WP(MD) Nos.24832 of 2016 & 17868 of 2014 WMP(MD) No.13863 of 2019 IN WP(MD) No.24832 of 2016: THE COMMISSIONER, 119, UTHAMAR GANDHI ROAD, TIRUMURTHY NAGAR, NUNGAMBALLAM, CHENNAI - 600 006 ... PETITIONER/ 2nd RESPONDENT Vs 1 S.S.CHANDRAN ... 1st RESPONDENT/ WRIT PETITIONER 2 THE DISTRICT COLLECTOR ... 2nd RESPONDENT/ 1st RESPONDENT 3 THE JOINT COMMISSIONER SUCHINDRAM, KANYAKUMARI DISTRICT.

4 THE EXECUTIVE OFFICER ARULMIGU BHAGAVATHIYAMMAN THIRUKKOIL, KANYAKUMARI, KANYAKUMARI DISTRICT.

5 THE EXECUTIVE OFFICER KANYAKUMARI, KANYAKUMARI DISTRICT.

6 P.CHANDRAN 7 MOORTHY 8 A.NEHRU 9 G.MUTHUSAMY 10 JOHN POSKO 11 BALAN 1/5

12 M.KRISHNAPILLAI 13 P.GANESAN 14 THE TAHSILDAR AGASTEESWARAM, KANYAKUMARI.

15 THE DEPUTY SUPERINTENDENT OF POLICE, KANYAKUMARI.

16 THE DISTRICT FIRE OFFICER 17 C.BHAGAVATHI 18 P.VAIRATH AMMAL 19 D.RENGAMMAL 20 M.JEYABAL 21 S.DURAISAMY 22 D.SAHAYA SELVA JOSE 23 A.MAHAMED NAVAS ... RESPONDENTS 3 TO 23/ RESPONDENTS 3 TO 23 WMP(MD) No.13863 of 2019:

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to dispense with the personal appearance of petitioner in the Honourable Court on 06/08/2019.

PRAYER IN IN WP(MD) No.24832 of 2016:

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to remove all type of unauthorized shops, encroachments and other permanent structures from the vacant site in S.No.679/2 which is being maintained by the 4th respondent so that see the unique feature at sea shore, Mahatma Gandhi Memorial Mandapam and Sri Bagavathi Amman Temple, at Kanyakumari, by the tourist and public, consequently direct the respondents 4 and 5 to ensure the obstacle free sea shore around Sri Bagavathy. Amman Temple and Mahatma Gandhi Mandapam at Kanyakumari. WMP(MD) No.13866 of 2019 IN WP(MD) No.17868 of 2014: THE COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, 119, UTHAMAR GANDHI ROAD, TITUMURTHY NAGAR, NUNGAMBALLAM, CHENNAI - 600 006.

... PETITIONER/ 2nd RESPONDENT - Vs. - 2/5

1. TAMIL NADU RIGHTS TO INFORMATION ACT, PROTECTION MOVEMENT, REP. BY ITS PRESIDENT, T.THANGARAJ ... 1st RESPONDENT/ WRIT PETITIONER

2. THE DISTRICT COLLECTOR, KANYAKUMARI DISTRICT AT NAGERCOIL.

... 2nd RESPONDENT/ 1st RESPONDENT

3. THE JOINT COMMISSIONER, PALAYAMKOTTAI, TRIVANDRUM ROAD, TIRUNELVELI.

4. THE JOINT COMMISSIONER / EXECUTIVE OFFICER, KANYAKUMARI DISTRICT TEMPLES, SUCHINDRAM.

5. THE MANAGER, ARULMIGHU BHAGAVATHIYAMMAN THIRUKKOIL, KANYAKUMARI DISTRICT.

6. THE CHAIRMAN, KANYAKUMARI.

7. EXECUTIVE OFFICER, KANYAKUMARI -629 702.

8. ARULMIGHU BAGAVATHI AMMAN, SIRU VIYAPARIHAL NALA SANGAM, REGN.NO.17/99, REP. BY ITS PRESIDENT, R.SELVASIVALINGAM,.

9. M.MURUGAN

10. E.RAMACHANDRAN

11. P.RAJAN

12. E.MUTHU

13. T.SELVAKUMAR

14. V.RAJAGOPAL

15. T.SARAVANAN

16. K.MURUGAN

17. M.SARAVANAN

18. P.GANESAN

19. S.SIVAKUMAR

20. K.MANIKANDAN

21. V.MURUGAN

22. T.MUTHULINGAM

23. M.SURESH ... RESPONDENTS 3 TO 23/ RESPONDENTS 3 TO 23 3/5

Prayer in WMP(MD). 13866/ 2019 :

To be dispense with the personal appearance of petitioner in the Honorable Court on 06.08.2019.

Prayer in WP(MD). 17868/ 2014 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, forbearing the Respondents, from in any manner converting the lands bearing Survey Nos. 679/1 and 679/2 or any other lands in Kanyakumari Village and District, belonging to the respondents 4 and 5 temple from using those lands either by granting lease or otherwise, for any commercial purpose of any nature by permitting the lessees to put up temporary constructions or to use those lands, for any petty trading, either ont he floor or on any cycle or cart or by other means, so as to destroy the environmental conditions of Kanyakumari, more particularly in "Thiruveni Sangamam" and the Shores and Beaches abutting Bay of Bengal, Indian Ocean and Arabian Sea, so as to enable the respondents 1,6 and 7 to maintain kanyakumari with all the environmental advantageous, within a time frame as may be fixed by this Hon'ble Court.

ORDER : These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of Mr.VR.SHANMUGANATHAN, Special Government Pleader for petitioner in both the petitions and of Mr. for the petitioner and of Mr.S.BALAMURUGAN, Advocate for R1 in WMP(MD) No.13863 of 2019 IN WP(MD) No.24832 of 2016 and Mr.G.ARAVINTHAN, Advocate for R1 in WMP(MD) No.13866 of 2019 IN WP(MD) No.17868 of 2014, the court made the following order:- Heard the submissions of the learned Special Government Pleader appearing for the petitioner and the learned counsel appearing for the Writ Petitioner and also perused the affidavits and satisfied with the reasons.

Mr.Anbumani, Joint Commissioner/Executive Officer, HR & CE Department, Kanayakumari is personally remained present before this Court.

The personal appearance of the Commissioner, HR & CE Department, Chennai and the Joint Commissioner HR & CE Department, Kanyakumari is dispensed with for the present. sd/- 06/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE COMMISSIONER, HINDU RELIGIOUS AND ENDOWMENT DEPARTMENT, 119, UTHAMAR GANDHI ROAD, TIRUMURTHY NAGAR, NUNGAMBALLAM, CHENNAI - 600 006.

2 THE DISTRICT COLLECTOR 3 THE JOINT COMMISSIONER SUCHINDRAM, KANYAKUMARI DISTRICT.

4 THE EXECUTIVE OFFICER ARULMIGU BHAGAVATHIYAMMAN THIRUKKOIL, KANYAKUMARI, KANYAKUMARI DISTRICT.

5 THE EXECUTIVE OFFICER KANYAKUMARI, KANYAKUMARI DISTRICT.

6 THE TAHSILDAR, AGASTEESWARAM, KANYAKUMARI.

7 THE DEPUTY SUPERINTENDENT OF POLICE, KANYAKUMARI. 8 THE DISTRICT FIRE OFFICER, KANYAKUMARI DISTRICT AT NAGERCOIL. 9 THE JOINT COMMISSIONER, PALAYAMKOTTAI, TRIVANDRUM ROAD, TIRUNELVELI.

10 THE JOINT COMMISSIONER / EXECUTIVE OFFICER, KANYAKUMARI DISTRICT TEMPLES, SUCHINDRAM.

11 THE MANAGER, ARULMIGHU BHAGAVATHIYAMMAN THIRUKKOIL, KANYAKUMARI DISTRICT. 12 THE CHAIRMAN, KANYAKUMARI SPECIAL GRADE TOWN PANCHAYAT, KANYAKUMARI. +1CC TO M/s.K.SATHIYASINGH, Advocate, Sr No.13107 ORDER IN WWMP(MD) Nos.13863 & 13866 of 2019 IN WP(MD) Nos.24832 of 2016 & 17868 of 2014 Date :06/08/2019 MS/VR/SAR-4/14.08.2019/5P.14C 5/5