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Madras High CourtWP(MD)/21796/2017abated

D.Dharmasamvarthini v. The District Collector

2023-02-13Honourable Mr Justice P.D.Audikesavalu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2023 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU and W.M.P. (MD) Nos. 18089 and 18090 of 2017 D.Dharmasamvarthini ... Petitioner Vs.

1.The District Collector, Thanjavur District.

2.The District Revenue Officer, Thanjavur, Thanjavur District.

3.The Revenue Divisional Officer, Thanjavur, Thanjavur District.

4.The Tahsildar, Orathanadu Taluk, Thanjavur District.

5.The Joint-Commissioner, Hindu Religious & Charitable Endowment Department, Thanjavur.

6.The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, Thanjavur.

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7.The Deputy Superintendent of Police, Orathanadu Taluk, Thanjavur.

8.The Inspector of Police, Pappanadu Police Station, Orathanadu, Thanjavur.

9.Sampath 10.Chellakkannu 11.Kannusamy 12.M.A.Kandasamy 13.Nadimuthu ... Respondents PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 8 herein to protect the 400 years old temple A/m.Sri Thirumeni Amman Thirukoil, comprised in S.No.200/1 of Avidanallavijayapuram Village, Pappanadu, Orathanadu Taluk, Thanjavur District from proposed demolition by respondents 9 to 13 or their members or putting up any new construction and consequently direct the respondents 1 to 8 herein to remove the fake idols kept by the respondents 9 to 13 unlawfully and illegal in the temple A/m.Sri Thirumeni Amman Thirukoil, comprised in S.No.200/1 of Avidanallavijayapuram Village, Pappanadu, Orathanadu Taluk, Thanjavur District.

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For Petitioner : Mr. B.Anandan For Respondents : Mr. T.Villavan Kothai (R1 to R6) Additional Government Pleader Ms. M.Aasha (R7 & R8) Government Advocate

ORDER

It has been brought to notice by Learned Counsel appearing for the Petitioner that the Petitioner has died and he has made an endorsement to that effect, which is placed on record.

In view of the same, the Writ Petition is dismissed as abated with a clarification that the legal representatives of the deceased Petitioner are not precluded from applying for revival of the Writ Petition in accordance with law. Consequently, the connected Miscellaneous Petition is closed. No costs. 13.02.2023 Index : Yes/No Internet : Yes/No Sm 3/5

TO:

1.The District Collector, Thanjavur District.

2.The District Revenue Officer, Thanjavur, Thanjavur District.

3.The Revenue Divisional Officer, Thanjavur, Thanjavur District.

4.The Tahsildar, Orathanadu Taluk, Thanjavur District.

5.The Joint-Commissioner, Hindu Religious & Charitable Endowment Department, Thanjavur.

6.The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, Thanjavur.

7.The Deputy Superintendent of Police, Orathanadu Taluk, Thanjavur.

8.The Inspector of Police, Pappanadu Police Station, Orathanadu, Thanjavur.

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P.D.AUDIKESAVALU,J.

Sm 13.02.2023 5/5