Disposed

A.Devaki, v. Secretary to Government

Madras HC6 Oct 2015WP/32847/2014

Case brief

AI extract

What is this about?

Writ petition filed under Article 226 seeking mandamus against governments to remove obstruction to worship in temple land. Court held temple comes under Hindu Religious and Charitable Endowments Department control; petition disposed of as nothing survives for adjudication.

What did the court decide?

Petition disposed with liberty to parties to take appropriate action by law; connected MPs closed. No costs.

A.Devaki, Vs Secretary to Government — Property and Title | Madras HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06.10.2015

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CORAM:

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THE HONOURABLE MR.JUSTICE M.M.SUNDRESH

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Writ Petition No.32847 of 2014

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and M.P.Nos.1 of 2014 & 1 of 2015

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A.Devaki ... Petitioner

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Secretary to Government of Tamil Nadu,

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Home Department, Fort St. George, Chennai 600 009

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The Collector, Kancheepuram District, Kancheepuram 3. Seetharaman

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Vasantha

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The Executive Officer, Vempuliamman Kovil, Selaiyur Village, Hindu Religious and Charitable Endowments Department, Government of Tamil nadu, Chennai.

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(R-5 impleaded as per the order dated

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15.12.2014 in M.P.No.2 of 2014 in W.P.No.32847 / 2014) ... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing respondents 1 and 2 to take appropriate action against respondents 3 and 4 and their men from causing any hindrance to the petitioner's right of worship and the performance of religious function and festivals in the land belonging to the Vempuliamman Temple to an extent of 2200 sq.ft., situated at S.No.146/7 in Selaiyur Village, Chennai.

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For Petitioner : Mr. V.Vijay Shankar

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This writ petition has been filed by the petitioner praying for the issuance of a writ of mandamus directing respondents 1 and 2 to take appropriate action against respondents 3 and 4 and their men from causing any hindrance to the petitioner's right of worship and the performance of religious function and

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

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festivals in the land belonging to the Vempuliamman Temple to an extent of 2,200 sq.ft., situated at S.No.146/7 in Selaiyur Village, Chennai.

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The learned counsel for the petitioner as well as the learned counsel for the respondents have made submissions touching upon the merits of the case.

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The learned counsel for the petitioner submitted that the Temple and the land belong to General Public coming under the control of the fifth respondent, whereas the learned counsel for respondents 3 and 4 submitted that it is a private property.

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The learned counsel for the petitioner has also placed reliance upon the counter affidavit filed by the fifth respondent and the communication dated 27.04.2015 sent by the Deputy Inspector General of Police, Idol Wing CID, Anna Nagar, Chennai, to the Deputy Commissioner of Police, St. Thomas Mount, Chennai Police.

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It appears that the Temple is coming under the control of the fifth respondent. Therefore, this Court is of the opinion that in view of the subsequent developments happened, nothing survives for adjudication in this writ petition. Accordingly, this writ petition stands disposed of, giving liberty to the petitioner as well as the fifth respondent to take appropriate action in the manner known to law with respect to the temple, land and idols. No costs. Consequently, the connected MPs are closed.

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Sd/Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar

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srk To

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The Secretary to Government of Tamil Nadu, Home Department, Fort St. George, Chennai 600 009

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The Collector, Kancheepuram District, Kancheepuram

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The Executive Officer, Vempuliamman Kovil, Selaiyur Village, Hindu Religious and Charitable Endowments Department, Government of Tamil nadu, Chennai.

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+1 cc to Government Pleader, sr.54223

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+1 cc to Mr.S.Mohan, Advocate, sr.54018

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+1 cc to Mr.V.Vijayshankar, Advocate, sr.54461

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Writ Petition No.32847 of 2014 & M.P.Nos.1 of 2014 & 1 of 2015

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sv co

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kra 19/10

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

A.Devaki, v. Secretary to Government

Case brief

What is this about?

What did the court decide?

A.Devaki, v. Secretary to Government

Case brief

What is this about?

What did the court decide?

What the court decided

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