Krishnan.P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD).Nos. 18671 & 18672 of 2023 P.Krishnan ... Petitioner Vs.

1.The District Collector, O/o. the District Collector, Trichy District, Trichy.

2.The Superintendent of Police, O/o. the Superintendent of Police, Subramaniyapuram, Trichy.

3.The Joint Commissioner, O/o. the Assistant Commissioner, Theppakulam Street, Neelakareswarar Thoppu, Thiruvanaikaval, Trichy.

4.The Tahsildar, O/o. the Tahsildar, Marungapuri, Trichy.

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5.The Executive Officer/Thakkar, O/o. the Executive Officer/Thakkar, Arulmigu Sundara Vinayagar Thirukovil, Minikiyur, Marungapuri Taluk, Trichy District.

6.The Inspector-I, Manaparai, Trichy District.

7.The Inspector of Police, O/o. the Inspector of Police, Valanadu Police Station, Trichy District.

8.A.Mookaiya Konar ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for records pertaining to the Impugned Tender Notification dated 28.08.2023 on the file of the Respondent No.5 and quash the same as illegal and consequently restraining the Respondents No.3,5 and 6 from performing the renovation work of the temple namely "Arulmigu Sundara Vinayagar Thirukovil" situated at Minikkiyur Village, Marungapuri Taluk, Trichy District till the disposal of case in Crime No. 67 of 2018 dated 25.07.2018 on the file of the Respondent No.7 within the time stipulated by this Court.

For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.R.Suresh Kumar Additional Government Pleader For R1, R3, R4 & R6 2/6

Mr.K.Sanjai Gandhi Government Advocate (Criminal Side) For R2 & R7 Mr.G.Madhavan For R5

ORDER

This Writ Petition is filed for Writ of Certiorarified Mandamus, to quash the impugned auction notice dated 28.08.2023 and consequently restrain the respondents from performing the renovation work of the temple till the disposal of the criminal case.

2. The Learned Government Advocate appearing for the respondents has submitted that the auction scheduled to be conducted on 28.08.2023 is postponed and it is scheduled to be conducted on 14.10.2023. Hence the first part of the prayer in the Writ Petition is already granted by the respondents.

3. The next portion of the prayer is that the renovation work cannot be carried out until the disposal of the criminal case in Crime No. 67 of 2018 dated 25.07.2018. The Learned Additional Government Pleader submitted that in the 3/6

criminal case the final report is submitted on 10.10.2018 and in the final report states that it is "mistake of fact".

4. Therefore, nothing survives for adjudication. Hence, this Writ Petition is closed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

15.09.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Sml 4/6

To 1.The District Collector, O/o. the District Collector, Trichy District, Trichy.

2.The Superintendent of Police, O/o. the Superintendent of Police, Subramaniyapuram, Trichy.

3.The Joint Commissioner, O/o. the Assistant Commissioner, Theppakulam Street, Neelakareswarar Thoppu, Thiruvanaikaval, Trichy.

4.The Tahsildar, O/o. the Tahsildar, Marungapuri, Trichy.

5.The Inspector-I, Manaparai, Trichy District.

6.The Inspector of Police, O/o. the Inspector of Police, Valanadu Police Station, Trichy District.

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S.SRIMATHY, J.

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