Nethaji Theru Makkal Nalvalvu v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2023 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU and M.P. (MD) No. 1 of 2014 Nethaji Theru Makkal Nalvalvu Sangam, Reg.No.88/2000, Nethaji Street, Perumalpuram Post, Tirunelveli-7, Through its Secretary, M.Alagumuthu, S/o.Madasamy Mudaliar, No.11, Nethaji Street, Perumalpuram Post, ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai-34.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Behind St.Xavier's College, Palayamkottai, Tirunelveli.

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3.The Executive Officer, A.m.Perathuselvi Amman Temple, Vannarpettai, Tirunelveli /Fit Person, A/m.Vetrivinayagar Thirukovil, Nethaji Street, Perumalpuram Post, ... Respondents PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a Writ of Declaration, declaring that the taking over of the temple by name Vetri Vinayagar Temple situated in the Nethaji Street, Perumalpuram Post, Tirunelveli to the Department of Hindu Religious and Charitable Endowment, as in Serial No.7 at page 387 in Small Temple Register maintained by the fist respondent and the appointment of the third respondent as fit person to the said temple by the second respondent in his proceedings Cee.Mu.Na.Ka.No.1900/2014/E1, dated 09.07.2014 is bade illegal and void. For Petitioner : No Appearance For R1 & R2 : Mr. P.Subbaraj Special Government Pleader For R3 : Mr.S.Chellapandian

ORDER

Though the matter has been posted under the caption 'for dismissal', there was no representation for the Petitioner when the matter was called at 11.10 a.m, today, apart from the earlier hearing on 08.02.2023. There does not appear to be any useful purpose being served in keeping the Writ Petition 2/5

pending indefinitely when the Petitioner is not interested in prosecuting the same.

In such circumstances, the Writ Petition is dismissed for non-prosecution. It is made clear that the Petitioner is not precluded from applying for revival of the Writ Petition, if necessary, in accordance with law. No costs. Consequently, connected Miscellaneous Petition is closed. 10.02.2023 Index : Yes/No Internet : Yes/No ta To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai-34.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Behind St.Xavier's College, Palayamkottai, Tirunelveli.

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3.The Executive Officer, A.m.Perathuselvi Amman Temple, Vannarpettai, Tirunelveli /Fit Person, A/m.Vetrivinayagar Thirukovil, Nethaji Street, Perumalpuram Post, Copy to Nethaji Theru Makkal Nalvalvu Sangam, Reg.No.88/2000, Nethaji Street, Perumalpuram Post, Tirunelveli-7, Through its Secretary, M.Alagumuthu, S/o.Madasamy Mudaliar, No.11, Nethaji Street, Perumalpuram Post, 4/5

P.D.AUDIKESAVALU,J.

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