Ayyanar S v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2022 CORAM :

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and WMP(MD)No.21582 of 2022 Mr.S.Ayyanar ... Petitioner vs.

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

2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Millerpuram,

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Azhagesapuram Main Road, Thoothukudi.

4. The Executive Officer, Sri Arulmigu Karkkuvel Ayyanar Thirukovil, Theri Kudiyiruppu, 1/6

Kuthiraimozhi Village, Kayamozhi Post, Tiruchendur Taluk,

5. The Superintendent of Police, Thoothukudi, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents 1 and 5 to take action on the petitioner's representations dated 20.08.2022 and 21.09.2022 for demolishing the buildings in Karkuvel Ayyanar Temple, Theri Kudiyiruppu, Kuthiraimozhi, Tiruchendur Taluk, Thoothukudi District, and consequently direct the respondents 1 to 4 to construct the buildings (51 rooms) in the same place which had been demolished by the 4th respondent.

For Petitioner : Mr.S.Suresh Manickam For R1 to R4 : Mr.Veera Kathiravan Additional Advocate General assisted by Mr.P.Subbaraj, Special Government Pleader For R5 : Mr.S.Manikandan Government Advocate (Criminal Side) 2/6

ORDER

(Order of the Court was made by D.KRISHNAKUMAR, J.) The prayer in the writ petition is for issuance of a Writ of Mandamus, directing the respondents 1 and 5 to take action on the petitioner's representations dated 20.08.2022 and 21.09.2022 for demolishing the buildings in Karkuvel Ayyanar Temple, Theri Kudiyiruppu, Kuthiraimozhi, Tiruchendur Taluk, Thoothukudi District, and consequently direct the respondents 1 to 4 to construct the buildings (51 rooms) in the same place which had been demolished by the 4th respondent.

2.

Learned Additional Advocate General appearing for the respondents 1 to 4 has placed the order passed by the 2nd respondent in Na.Ka.No.1063/2022-2/E2 dated 10.12.2022 and submitted that on the aforesaid representations of the petitioner, a final order has been passed and therefore, the prayer in this writ petition has become infructuous.

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3.

Recording the said submission, the Writ Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

[D.K.K.,J.] & [R.V.,J.] 14.12.2022 Index : Yes / No Internet : Yes bala To

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

2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Millerpuram, Thoothukudi District.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Azhagesapuram Main Road, Thoothukudi.

4. The Executive Officer, Sri Arulmigu Karkkuvel Ayyanar Thirukovil, Theri Kudiyiruppu, Kuthiraimozhi Village, Kayamozhi Post, Tiruchendur Taluk, 4/6

5. The Superintendent of Police, Thoothukudi, 5/6

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

bala ORDER MADE IN DATED : 14.12.2022 6/6