Madras High CourtWP(MD)/23457/2017dismissed as abated

F.Krthick v. The Joint Commissioner/

2022-03-16Honourable Mr Justice C. Saravanan2 pages

W.P.(MD).No.23457 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.03.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD).No.23457 of 2017 and W.M.P.(MD).Nos.19719 of 2017 and 5467 of 2021 E.Karthick ... Petitioner Vs.

1.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Trivandrum High Road, Palayamkottai, Tirunelveli District.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Nagercoil, Kanyakumari District.

3.Arulmighu Chenthil Vinayagar Thirukovil, represented by its managing trustee, Muthiah Pillai.

4.Muthiah Pillai

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the first respondent vide his proceedings in M.P.No.77 of 2016, dated 28.11.2017, quash the same and consequently directing the respondents to receive the rent from the petitioner. For Petitioner : No appearance For R1 and R2 : Mr.P.Subbaraj, Special Government Pleader.

For R3 and R4 : Mr.C.Muthusaravanan

ORDER

It is noted that the petitioner was died on 05.04.2018 and no steps have been taken for bringing the legal heirs of the petitioner on record.

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W.P.(MD).No.23457 of 2017

2. The learned counsel for the respondent temple submits that the deceased petitioner had only his mother as a legal heir and she is also not traceable and that the petitioner's shed put up in the temple property was washed away during the heavy monsoon in the year 2021 and the electricity connection has also been disconnected by the electricity board and therefore, the writ petition is liable to be dismissed.

3. Since the petitioner had died and no steps have been taken for bringing the legal heirs on record on behalf of the petitioner, therefore the writ petition stands dismissed as abated. No costs. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) sn To 1.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Trivandrum High Road, Palayamkottai, Tirunelveli District.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Nagercoil, Kanyakumari District.

+1 CC to M/s.SPL GP ( SR-12725[F] dated 17/03/2022 ) W.P.(MD).No.23457 of 2017 16.03.2022 RD(30.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2