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Madras High CourtWP(MD)/9771/2016dismissed as infructuous

R.Govindarajan, v. K.Vellaisamy, S/O.Krishnasamy,

2017-04-17Honourable Mr Justice V. Parthiban3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2017

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.9771 of 2016 W.M.P.(MD) Nos.7738 and 7739 of 2016 R.Govindarajan ..Petitioner Vs 1.K.Vellaisamy 2.R.Krishnasamy 3.The Commissioner, The Tamilnadu Hindu Religious & Charitable Endowments Board, Nungambakam, Nungambakam High Road, Chennai - 34.

4.The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Manachanallur Salai, Uthamarkovil, Trichy - 18.

5.The Assistant Commissioner, Hindu Religious & Charitable Endowments, Rock Fort, Trichy - 2.

6.The Superintendent of Police, Manaparai Taluk, Thiruchirappalli.

7.The Deputy Superintendent of Police, Manaparai Taluk, Thiruchirappalli.

8.The Inspector of Police, Vaiyambatti (via), Manaparai (Taluk), Trichy District - 621 315.

..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the 4th respondent in its proceedings in Se.Mu.Na.Ka.5600/2016 Aa4 dated 31.05.2016 and quash the same and consequently forbear the respondents from conducting annual chithirai festival or any other festival in the subject temple and restrain the respondents from interfering with the petitioners possession and administration of Arulmigu Pambalamman Temple situated at Thulukkampatti Village, Manaparai Taluk, Trichy District.

For Petitioner :Mr.M.R.Sreeenivasan For Respondents 1 & 2 :Mr.K.Neethimohan For Respondents 3 to 8 : Mr.A.Muthukaruppan Additional Government Pleader

ORDER

The petitioner has approached this Court seeking quashment of the proceedings of 4th respondent in Se.Mu.Na.Ka.5600/2016 Aa4 dated 31.05.2016 and consequently to forbear the respondents from conducting annual chithirai festival or any other festival in the subject temple and restrain the respondents from interfering with the petitioners possession and administration of Arulmigu Pambalamman Temple situated at Thulukkampatti Village, Manaparai Taluk, Trichy District.

2.Heard Mr.M.R.Sreenivasan, the learned counsel appearing for the petitioner, Mr.K.Neethimohan, the learned counsel appearing for the respondents 1 and 2 and Mr.A.Muthukaruppan, the learned Additional Government Pleader appearing for the respondents 3 to 8.

3.The order dated 31.05.2016, which is impugned in the present writ petition is passed by the 4th respondent herein with reference to conduct of temple festival during May, 2016. The final paragraph of the order would state that with regard to future conduct of temple festivals, the parties must obtain necessary permission from the competent authority.

4.According to the learned counsel appearing for the respondents 1 and 2 and the learned Additional Government Pleader appearing for the respondents 3 to 8, since the impugned order pertains to earlier year, the present Writ Petition has become infructuous.

5.On the other hand, the learned counsel appearing for the petitioner would submit that he would make a representation to the respondents authorities in support of his claim and the same may be considered by the concerned authority.

6.Since the main issue in the writ petition, by the impugned order, has become infructuous this Writ Petition is dismissed as infructuous. However, in view of the submissions made by the learned counsel appearing for the petitioner, if any representation is made by the petitioner to the official respondents, the same may be considered in accordance with law and the same shall be disposed of as early as possible.

There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(C.O.) /True Copy/ Sub Assistant Registrar To 1.The Commissioner, The Tamilnadu Hindu Religious & Charitable Endowments Board, Nungambakam, Nungambakam High Road, Chennai - 34.

2.The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Manachanallur Salai, Uthamarkovil, Trichy - 18.

3.The Assistant Commissioner, Hindu Religious & Charitable Endowments, Rock Fort, Trichy - 2.

4.The Superintendent of Police, Manaparai Taluk, Thiruchirappalli.

5.The Deputy Superintendent of Police, Manaparai Taluk, Thiruchirappalli.

6.The Inspector of Police, Vaiyambatti (via), Manaparai (Taluk), Trichy District - 621 315.

+1CC to M/S.K.Neethi Mohan, Advocate, SR.No.52456 +1CC to the Special Government Pleader SR.No.52511 +1CC to M/S.M.R.Sreeenivasan, Advocate, SR.No. 52216 W.P(MD)No.9771 of 2016 W.M.P.(MD) Nos.7738 and 7739 of 2016 17.04.2017 sj AM/SKN RSK/SAR 2/18.04.2017/3P/10C