Arul Mighu Shri Valagurunatha v. Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2023

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P(MD)No.17094 of 2014 Arul Mighu Shri Valagurunatha Swamy Angala Eshwari Thirukoil, Kovilpulikuthi, Represented by its Hereditary Trustee/ Pallayarkarar D.Baskaran, S/o. Duraipandi, 142, Kamarajar Road, Sivakasi - 626 123, Virudhunagar District.

..... Petitioner - Vs1. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Sivagangai.

2. The Executive Officer, Arul Mighu Venkatachalapathy Thirukoil, Sattur - 626 203, Virudhunagar District.

3. Kovil Pulikuthu Swamy Kumbidum Nadar Thayathigal Sangam, (Reg. No.4/2008) Through its President, P.Panchurajan Nadar, No.53, Satchiyapuram Road, Thiruthangal - 626 130, Virudhunagar District.

... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to dispose of in O.A.No.20 of 2012, on his file, in accordance with law and the procedure, within a time frame as may be fixed by this Court.

For Petitioner : M/s. P.Jessi Jeeva Priya for Mr.S.Subbiah For Respondents : Mr.R.Ragavendran Government Advocate For R1 : Mr.P.Mahendran - For R2 : Mr.I.Irulappan - For R3

ORDER

This writ petition has been filed seeking for a Writ of Mandamus, to direct the first respondent/the Joint Commissioner to dispose of in O.A.No. 20 of 2012.

2. The learned counsel appearing for the petitioner would submit that the notice was sent to the petitioner for instructions, but the same has been returned with an endorsement that the petitioner had expired. 2/5

3. The learned counsel appearing for the second respondent would submit that O.A.No.20 of 2012 was transferred to the file of the Joint Commissioner, HR & CE Department, Madurai and renumbered as O.A. No.03 of 2018. The draft scheme has also been framed and therefore, he would submit that the prayer sought for in the Writ Petition has become infructuous.

4. Considering the fact that the petitioner is no more, the writ petition has become abated. But however, considering the fact that the appeal in O.A.No.03 of 2018 has been disposed as early as on 04.03.2020, the prayer sought for in the writ petition has also become infructuous.

5. Hence, this Writ Petition is dismissed. There shall be no order as to costs.

01.03.2023 NCC: Yes / No Index :

Yes / No Internet :

Yes / No ebsi 3/5

To

1. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Sivagangai.

2. The Executive Officer, Arul Mighu Venkatachalapathy Thirukoil, Sattur - 626 203, Virudhunagar District.

4/5

K.KUMARESH BABU, J.

ebsi Order made in W.P(MD)No. 17094 of 2014 01.03.2023 5/5