Ramasamy P M v. The Principal Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.M.Ramasamy ... Petitioner -vs1.The Principal Secretary to Government of Tamilnadu Tourist, Culture & HR & CE (A.Ni(1-1) Department HR & CE Secretary Fort St.George, Chennai-9 2.The Commissioner HR & CE Department No.119, Uthamar Gandhi Salai Nungambakkam, Chennai-34 3.The District Collector Trichirappalli District Trichy

4.The Joint Commissioner HR & CE Trichy Region Regional Joint Commissioner Office Neelgirishwar Thoppu Thiruvanaikaval Trichy-5 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to take action on the complaint of the petitioner dated 27.05.2023.

For Petitioner :

Mr.V.Karuna For Respondents :

Mr.P.Thilakkumar Government Pleader

O R D E R

[Order of the Court was made by S.S.SUNDAR, J.] Mr.P.Thilakkumar, learned Government Pleader, takes notice for the respondents.

2. With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.

3. This writ petition is filed for issuance of a writ of mandamus directing the respondents to take action based on the complaint, dated 27.05.2023, given by the petitioner.

4. Despite the fact that the petitioner made several allegations against the Mutt, which is now entrusted with the properties, he has not impleaded the Jeer of the Mutt, who, according to the petitioner, is not competent and has no right to administer the properties.

5. Learned Government Pleader appearing for the respondents, on instructions, states that the petitioner is in encroachment of properties of a religious institution and the present writ petition is filed in response to the eviction proceedings initiated against him.

6. In such circumstances, this Court finds no bona fides in this public interest litigation and for non-joinder of necessary parties, this writ petition is liable to be dismissed.

7. Accordingly, this writ petition fails and it is dismissed. No costs.

[S.S.S.R., J.] [D.B.C., J.] 22.08.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Principal Secretary to Government of Tamilnadu, Tourist, Culture & HR & CE (A.Ni(1-1) Department, HR & CE Secretary, Fort St.George, Chennai-9.

2.The Commissioner, HR & CE Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-34.

3.The District Collector, Trichirappalli District, Trichy.

4.The Joint Commissioner, HR & CE, Trichy Region, Regional Joint Commissioner Office, Neelgirishwar Thoppu, Thiruvanaikaval, Trichy-5.

S.S.SUNDAR , J.

and D.BHARATHA CHAKRAVARTHY , J.

krk 22.08.2023