Discusses a writ petition filed to direct authorities to remove encroachments and provide amenities at a temple. The court held the petition infructuous as the license period was over and fees were collectible. Dismissed the petition and closed the WMP.
Petition dismissed as infructuous. No costs. Modified writ petition closed.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2018 CORAM: THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD) No.2669 of 2018 and WMP(MD)No.2852 of 2018
P.Saravanan ... Petitioner vs. 1.The Secretary, Tourism, Culture & Religious Endowments Dept., Fort St. George, Chennai – 600 009. 2.The Commissioner, Hindu Religious and Charitable Endowments, Nungambakkam, Chennai – 600 034. 3.The Joint Commissioner/Executive Officer, Arulmigu Dhandayuthapani Swamy Thirukoil, Palani – 624 601, Dindigul District. 4.The Secretary, Municipal Administration & Water Supply Dept., Fort St.George, Chennai – 600 009. 5.The Commissioner of Food Safety, 5th floor, DMS Buildings, 359, Anna Salai, Teynampet, Chennai – 600 006. 6.The Collector, Dindigul – 624 004, Dindigul District. 7.The Commissioner, Palani Town Municipality, Palani – 624 601, Dindigul District. ... Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents Nos. 1 https://hcservices.ecourts.gov.in/hcservices/ to 7 consider the petitioner's representation dated 19/11/2016 and pass appropriate orders by taking necessary actions to remove
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unidentified day time hawkers causing encroachments on the temple steps and around temple hill road with pull carts and to afford pilgrims amenities centers for the devotees visiting 3rd respondent temple.
For Petitioner : Mr.T.Sundaravadanam For Respondents 1, 2 4 to 6 : Mr.A.K.Baskarapandian Special Government Pleader For R3 : Mr.K.Govindarajan For R7 : Mr.G.Arjunan
ORDER
Considering the submissions made, we are of the opinion that admittedly, the period for which licence was granted is over. Now the Municipality is collecting fees.
2.In view of the same, this Writ Petition is dismissed as infructuous. No costs. Consequently, WMP(MD)No.2852 of 2018 is closed.
Sd/-
Assistant Registrar(AS) /True Copy/
To
1.The Secretary,
Tourism, Culture & Religious Endowments Dept., Fort St. George, Chennai – 600 009.
2.The Commissioner, Hindu Religious and Charitable Endowments, Nungambakkam, Chennai – 600 034.
3.The Secretary, Municipal Administration & Water Supply Dept., Fort St.George, Chennai – 600 009. 4.The Commissioner of Food Safety, 5th floor, DMS Buildings, https://hcservices.ecourts.gov.in/hcservices/ 359, Anna Salai, Teynampet, Chennai – 600 006.
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5.The Collector, Dindigul – 624 004, Dindigul District.
W.P.(MD) No.2669 of 2018 13.08.2018
MJ
ES/SKN/RSK/SAR 4/03.09.2018/3P/10C
1 issue framed by the court
Whether the writ petition seeking removal of encroachments is maintainable when the license period has expired and fees are being collected.
1 provisions across 1 enactments
P.Saravanan
The Secretary, Tourism, Culture & Religious Endowments Dept. and others
M.M.Sundresh
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
