V.Chandru, v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2023
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU V.Chandru ... Petitioner -vs1.The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Myladuthurai.
3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Kumbakonam.
4.The Inspector /Thakkar, Hindu Religious and Charitable Endowment Department, Kumbakonam South, Kumbakonam.
... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to take appropriate action against the third and fourth respondents and consequently permit the petitioner to renovate and reconstruct Arulmigu Pidari Amman temple situated at Sakkottai Village, Kumbakonam Taluk in the light of the proceedings passed 1/5
by the second respondent in So.M.Mu.M.No.5993/2011/E2 dated 23.08.2011 pass orders within the stipulated time.
For Petitioner : S.Chellapandian For Respondent : Mr. P.Subbaraj Special Government Pleader For R4 : Mr. V.Chandrasekar
O R D E R
Heard Mr. S.Chellapandian, Learned Counsel for the Petitioner and Mr. P.Subbaraj, Learned Special Government Pleader appearing for the First to Third Respondents and Mr. V.Chandrasekar, Learned Counsel for the Fourth Respondent and perused the materials placed on record, apart from the pleadings of the parties.
2.
The Writ Petition has been filed for directing the First Respondent to take appropriate action against the Third and Fourth Respondents and consequently permit the Petitioner to renovate and re-construct Arulmigu Pidari Amman temple situated at Sakkottai Village, Kumbakonam Taluk in the light of the proceedings in So.M.Mu.M.No.5993/2011/E2 dated 23.08.2011 passed by the Second Respondent.
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3.
It has been brought to notice that the said proceedings in So.M.Mu.M.No.5993/2011/E2 dated 23.08.2011 has been cancelled by a subsequent order in Proceedings No. Moo.Mu.8223/2014/E2 dated 05.09.2014 referring to the earlier Proceedings in Na.Ka.No.3551/2011/E3 dated 05.08.2014, and the copies of the aforesaid proceedings have been produced by the learned Additional Government Pleader appearing for the Fourth Respondent, and the Learned Counsel for the Petitioner also acknowledged its receipt.
4.
In such circumstances, nothing remains for further consideration in the Writ Petition, but it would not preclude the Petitioner, if he has any further grievance, from working out his remedies before the proper forum in the manner recognized by law.
In fine, the Writ Petition is disposed with the aforesaid clarifications. No costs.
10.02.2023 NCC : Yes/No Index: Yes/No ta Note: Issue order copy by 23.05.2023.
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To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Myladuthurai.
3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Kumbakonam.
4.The Inspector /Thakkar, Hindu Religious and Charitable Endowment Department, Kumbakonam South, Kumbakonam.
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P.D. AUDIKESAVALU, J.
ta W.P(MD). No. 18187 of 2015 10.02.2023 5/5