V.Gunasekaran v. Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2022

CORAM

THE HONOURABLE MR. JUSTICE C.SARAVANAN and W.M.P.(MD) No.4216 of 2018 V.Gunasekaran .. Petitioner

Versus

1. Secretary to Government, Tamil Nadu Tourism, Culture & Religious Endowment Department, Fort St. George, Chennai - 600 009.

2.The Commissioner, Hindu Religious & Charitable Endowment Department, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

3.The Joint Commissioner, HR & CE., Trichy, Office of the Joint Commissioner, Uthamar Koil Campus, Pitchandar Koil, Trichy - 621 216.

4.The Assistant Commissioner / Executive Officer, A/m. Karuppanna Pillai Kattalai annexed to A/m. Jambukeshwarar Akilandeswari Temple, Thiruvanaikoil, Trichy.

.. Respondents Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus, directing the fourth respondent to remove the seal affixed in the petitioner's Restaurant measuring about 197 sq.ft., in Door No.69, Trunk Road, Thiruvanaikoil, Trichy and leave free to enable the petitioner to run his business as Revision Petition No.62/2017, on the file of the first respondent is pending.

For Petitioner :

No Appearance For R1 to R3 :

Mr.P.Thiraviam Government Advocate For R4 :

Mr.P.Thiyagarajan 1/3

ORDER

There is no representation for the petitioner.

2. It is submitted that the relief sought for in the present Writ Petition has become infructuous, inasmuch as the petitioner's petition filed under Section 114 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 [hereinafter referred to as ''the HR & CE Act''] was dismissed on 18.09.2019, vide G.O.No.115, Tourism, Culture and Religious Endowments [R.E.4-2] Department. It is noticed that the proceedings against the petitioner under Section 78 of the HR & CE Act, which is the subject matter of Revision Petition No.62 of 2017, on the file of the first respondent, has been dismissed. It is further noticed that the conditional order passed by this Court on 27.02.2018 was also not complied. Hence, nothing survives for further adjudication in this Writ Petition in view of the subsequent order, which is referred to supra. Therefore, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) smn2 To

1. The Secretary to Government, Tamil Nadu Tourism, Culture & Religious Endowment Department, Fort St. George, Chennai - 600 009.

2.The Commissioner, Hindu Religious & Charitable Endowment Department, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

3.The Joint Commissioner, HR & CE., Trichy, Office of the Joint Commissioner, Uthamar Koil Campus, Pitchandar Koil, Trichy - 621 216.

2/3

4.The Assistant Commissioner / Executive Officer, A/m. Karuppanna Pillai Kattalai annexed to A/m. Jambukeshwarar Akilandeswari Temple, Thiruvanaikoil, Trichy.

+1 CC to M/s.SPL GP ( SR-4744[F] dated 08/02/2022 ) WP (MD) No. 4054 of 2018 07.02.2022 IMS(CO) GC(16.02.2022) 3P 6C 3/3