Dismissed

D.R.Duraiarasu v. the District Collector

Madras HC9 Jun 2014WP/32894/2013

Case brief

AI extract

What is this about?

The court dismissed a writ petition filed under Article 226 seeking directions to take action against unauthorized construction on temple property. The Special Government Pleader argued the petition was not maintainable since a suit inter-se regarding title disposal was still pending before the court.

What did the court decide?

The writ petition was dismissed as not maintainable. The consequential miscellaneous petition was also dismissed. No costs.

D.R.Duraiarasu Vs the District Collector — Property and Title | Madras HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 09.06.2014

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Coram

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The Honourable Mr.SATISH K. AGNIHOTRI, ACTING CHIEF JUSTICE

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and

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The Honourable Mr.Justice M.M.SUNDRESH

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Writ Petition No.32894 of 2013 & M.P.No.1 of 2014

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D.R.Duraiarasu .. Petitioner Vs. 1.The District Collector, Tiruvarur District, Tiruvarur District-611 004. 2.The Commissioner, Hindu Religious and Charitable Endowment Board, Chennai, Nungambakkam. 3.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Tiruvarur. 4.The Executive Officer, Hindu Religious and Charitable Endowment Board, Sri Thiyagaraja Tirukoil, Tiruvarur. 5.The Secretary, Hindu Religious Endowment Department, Secretariat, Chennai. 6.V.A.Mohammed Mansoor, No.46, Azad Nagar, Tiruvarur Town, Tiruvarur District. .. Respondents

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Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 1 and 2 to dispose of the representations dated 23.12.2011, 11.01.2012, 11.02.2013 and 22.03.2013.

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https://hcservices.ecourts.gov.in/hcservices/

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For petitioner : Mr.I.Paranthaman

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For respondents: Mr.M.S.Ramesh for R1

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Mr.S.Kandaswamy, Special Government Pleader (HR&CE) for Respondents 2, 3 & 5

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No appearance for R4

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ORDER

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This writ petition has been filed by the petitioner seeking a writ of Mandamus directing respondents 1 and 2 to dispose of the representations said to have been made on 23.12.2011, 11.01.2012, 11.02.2013 and 22.03.2013 respectively.

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The petitioner herein, being a resident of Tiruvarur Town, has filed this writ petition on the ground that a construction is being put up by the sixth respondent over the property belonging to the temple by name Sri Thiyagaraja Tirukoil. As no action has been taken by respondents 2 to 4, the petitioner has filed this present writ petition.

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During the pendency of the writ petition, an application has been filed in M.P.No.1 of 2014 seeking to amend the prayer to take action against the sixth respondent by respondents 1 to 5 apart from preventing him from making further construction and to dispossess him.

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The learned counsel appearing for the petitioner submitted that unauthorisedly the sixth respondent has put up a construction in the property belonging to the fourth respondent-temple. Therefore, appropriate direction will have to be issued to respondents 1 to 5 to take action against the sixth respondent.

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The learned Special Government Pleader appearing for respondents 2, 3 and 5 submitted that the property belonged to a specific kattalai. The suit inter se between the trustee of the kattalai and the Executive officer has ended in favour of the Trustee by the disposal of the second appeal before this Court. Therefore, it is submitted that the writ petition is not maintainable in law.

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In view of the stand taken by the respondents in the writ petition as filed is misconceived, the respondents 1 to 4 cannot take action in the eye of law and there cannot be any direction to respondents 1 to 5 to take appropriate action against the sixth respondent. Therefore, we have no hesitation in dismissing the writ

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https://hcservices.ecourts.gov.in/hcservices/

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petition as not maintainable. Accordingly, the same is dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed.

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Sd/-
Asst.Registrar(CO)
23.6.2014
True Copy
Sub Asst.Registrar
raa
To
1.The District Collector,
Tiruvarur District,
Tiruvarur District-611 004.
2.The Commissioner,
Hindu Religious and Charitable Endowment
Board, Chennai, Nungambakkam.
3.The Joint Commissioner,
Hindu Religious and Charitable Endowment
Board, Tiruvarur.
4.The Executive Officer,
Hindu Religious and Charitable Endowment
Board, Sri Thiyagaraja Tirukoil, Tiruvarur.
5.The Secretary,
Hindu Religious Endowment Department,
Secretariat, Chennai.
+1cc to Mr.C.Jagadish, Advocate Sr 23482
+1cc to Mr.I.Paranthaman, Advocate Sr 24007
+1cc to Govt. Pleader Sr 23423
CNR(CO)
km/24.6.
W.P. No.32894 of 2013
& M.P.No.1 of 2014

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https://hcservices.ecourts.gov.in/hcservices/

D.R.Duraiarasu v. the District Collector

Case brief

What is this about?

What did the court decide?

D.R.Duraiarasu v. the District Collector

Case brief

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What did the court decide?

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