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Madras High CourtWP(MD)/20663/2014dismissed

R.Saravanan v. The District Collector,

2023-06-01Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 01.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and MP(MD)No.1 of 2014 R.Saravanan ... Petitioner Vs 1.The District Collector, Karur District, Karur.

2.The Superintendent of Police, Karur District.

3.The Revenue Divisional Officer, Karur.

4.The Tahsildar, Karur Taluk, Karur District.

5.The Village Administrative Officer, Thanthoni Village, Karur Taluk, Karur District.

6.N.R.Padmanabha Konar 7.P.Soundararajan 8.P.Sivashanmugam ... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 5 to dispose the petitioner's representation dated 02.05.2013 seeking action against the respondents 6 to 8 who are illegal occupation of property of Lord Venkataramana Swamy, the deity of Neikara Yadava Community, comprised in Survey Nos.539 and 540, Thanthoni Village, Karur Taluk and District admeasuring 3.55 acres and to retrieve the same to Neikara Yadava Community to grow Pushpa and Thulasi to perform poojas and rituals to the Deity to dedicate ourselves to the Lord Venkataramana Swamy, Thanthoni Malai daily enabling the petitioner to dedicate the petitioner to the lord and perform their religious duties.

For Petitioner : Mr.CKM.Appaji For Respondent : Mr.J.K.Jeyaseelan, Nos.1 to 5 Government Advocate For Respondent :Mr.S.Palani Raja Nos.6 to 8

ORDER

This writ petition has been filed for a writ of mandamus directing respondents 1 to 5 to dispose of the petitioner's representation dated 02.05.2013, which was made seeking action as against respondents 6 to 8, who are alleged to be illegal occupants of the temple property. 2/5

2.When this writ petition was taken up for hearing on 10.04.2023 the learned Counsel for the 6th respondent submitted that on the very same ground the petitioner has already filed a writ petition before this Court in WP(MD)No.14789 of 2013 and after arguments, he withdrew the said writ petition on 20.07.2017.

3.In view of the said submission made on behalf of the 6th respondent this Court by order dated 10.04.2023 directed the petitioner to get instructions with regard to the earlier writ petition in WP(MD)No.14789 of 2013. There was no representation for the petitioner on 26.04.2023. Even today the learned Counsel for the petitioner seeks time to get instructions.

4.Considering that the writ petition is pending from the year 2014 and the petitioner earlier filed a writ petition in WP(MD)No.14789 of 2013 on the very same grounds and it was dismissed on 20.07.2017. Therefore, 3/5

this Court is not inclined to entertain the writ petition. Accordingly, this writ petition is dismissed. No costs. Consequently connected miscellaneous petition is closed. 01.06.2023 Internet : Yes / No dsk To 1.The District Collector, Karur District, Karur.

2.The Superintendent of Police, Karur District.

3.The Revenue Divisional Officer, Karur.

4.The Tahsildar, Karur Taluk, Karur District.

5.The Village Administrative Officer, Thanthoni Village, Karur Taluk, Karur District.

4/5

B.PUGALENDHI, J.

dsk 01.06.2023 5/5