Sonaimuthu M v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD) No.16431 of 2023 1.M.Sonaimuthu 2.M.M.Muthunayagam ... Petitioners Vs.
1.The Commissioner, Uthamar Gandhi Salai, Nungambakkam, Chennai.
2.The Joint Commissioner, Ellis Nagar, Madurai.
3.The Executive Officer, Arulmigu Edaganathasamy Temple, Thiruvedagam, Vadipatti Taluk,
4.The Block Development Officer, Madurai West Union, 5.The Deputy Superintendent of Police, Samayanallur Police Station, Samayanallur, Madurai District.
6.Anbu Muthusamy ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to forbear the respondents 1 to 5 herein from interfering with the administration of the petitioner over the Eliya Gurusamy Madam situated at Thenur Village under the color of removing and cleaning the standing Proposis-julie flora present in the said madam.
For Petitioners : Mr.V.R.Shanmuganathan For R1, R2 & R4 : Mr.P.Subbaraj Special Government Pleader For R3 : Mr.C.Guhaseelarupan For R5 : Mr.M.Vaikkam Karunanidhi Government Advocate For R6 : Mr.V.Nagendran
ORDER
The petitioner with certain allegations as against the respondents 1 to 5 has filed this writ petition seeking mandamus to forbear the respondents 1 to 5 from interfering with the administration of the petitioner over the Eliya Gurusamy Madam situated at Thenur Village under the guise of removing and cleaning the standing Prosopis julie flora present in the said madam.
2.The third respondent fit person has filed a counter affidavit raising counter allegation as against the petitioner that the petitioner is attempting to sell the properties of the Madam, however, admitted that in view of the interim order passed by this Court in W.A(MD)No.118 of 2023 dated 09.02.2023 against the appointment of fit person to this Madam, they have not interfered with the administration of the Mutt.
3. A perusal of the records would reveal that the third respondent was appointed as a fit person by the second respondent. This was challenged in a writ petition in WP(MD)No.6890 of 2019 and the same was dismissed. However in the writ appeal preferred by this petitioner in
WA(MD)No.118 of 2023, the Division Bench of this Court has granted an order of interim stay. Admittedly, as on date, the order of appointment of the fit person is stayed before the Division Bench. The third respondent has also stated in the affidavit that they have not interfered with the administration of the temple. It is also reported that now all the Julie Flora in the mutt lands were cleared.
4. In view of the above, this Writ Petition is closed. The parties have to workout the remedy, based on the outcome in the writ appeal. No costs. Consequently, connected miscellaneous petition is closed. 28.03.2024 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To 1.The Commissioner, Uthamar Gandhi Salai, Nungambakkam, Chennai.
2.The Joint Commissioner, Ellis Nagar, Madurai.
3.The Block Development Officer, Madurai West Union, 4.The Deputy Superintendent of Police, Samayanallur Police Station, Samayanallur, Madurai District.
B.PUGALENDHI,J cp W.P.(MD)No.19906 of 2023 Dated: 28.03.2024