Writ petition filed for issuance of Mandamus to implement a temple order became infructuous after the State representative submitted that the key was handed over. The Court disposed of the petition as closed without expressing any opinion on the merits.
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W.P.[MD]No.10884 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2021 CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR W.P.[MD]No.10884 of 2010
N.Palanichamy
... Petitioner
Vs. 1.The Joint Commissioner, HR & CE Dept., Madurai – 1. 2.The Assistant Commissioner, HR & CE Dept., Madurai – 20. 3.The Executive Officer, Arulmighu Karuppannasamy Temple, Solaipatti Village, Peraiyur Taluk, Madurai District. 4.The Inspector, HR & CE Dept., Thirumangalam, Madurai.
5.Arulmighu Karuppannasamy Temple, Solaipatti Village, Madurai District, Represented by its Managing Trustee, Saravanakumar, Solaipatti Village, Peraiyur Taluk, Madurai District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to implement the order of the first respondent made in Na.Ka.No.5870/2010/A4 dated 26.07.2010 in the matter of Arulmighu Karuppanasamy Temple at Solaipatti Village, Peraiyur Taluk, Madurai District.
For Petitioner : Mr.D.Rajagopal For Respondents 1 to 4 : Mr.M.Lingadurai Special Government Pleader For Respondent No.5 : Mr.S.Manohar
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W.P.[MD]No.10884 of 2010
O R D E R
Read this in conjunction with and in continuation of earlier proceedings made yesterday [24.01.2021] in captioned writ petition along with four other writ petitions which reads as follows:
'In four out of the five captioned writ petitions, Mr.Karmega Kannan, learned Counsel representing Mr.R.G.Shankar Ganesh, learned Counsel on record for writ petitioners in four writ petitions namely W.P.[MD]Nos.10254 & 11092 of 2008, 12719 & 9890 of 2009, reports 'no instructions'.
2. Registry to show the name of the writ petitioners together with full / complete address in the next listing.
3. In the fifth writ petition ie., W.P.[MD] No.10884 of 2010, there is no representation for the writ petitioner. Therefore, with the intention of giving opportunity to the writ petitioner and writ petitioner's Counsel, fifth writ petition also will be listed again. List all five writ petitions tomorrow.
4. List on 25.11.2021.'
2. Today, Mr.D.Rajagopal, learned Counsel for writ petitioner in captioned writ petition expresses regret for not representing the matter yesterday.
3. Be that as it may, Mr.M.Lingadurai, learned Special Government Pleader for the State submits on instructions that the key has since been handed over. On this the learned Counsel for the petitioner very fairly submitted that the captioned writ petition has become infructuous.
4. Recording the aforementioned stated positions of the parties, the captioned writ petition is disposed of as closed having become infructuous though obvious that this Court has not expressed any opinion on the merits of the matter. Consequently, captioned Writ Miscellaneous Petition is closed. There shall be no order as to costs.
Sd/-
Assistant Registrar (P&A)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
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W.P.[MD]No.10884 of 2010
NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Joint Commissioner, HR & CE Dept., Madurai – 1. 2.The Assistant Commissioner, HR & CE Dept., Madurai – 20. 3.The Executive Officer, Arulmighu Karuppannasamy Temple, Solaipatti Village, Peraiyur Taluk, Madurai District. 4.The Inspector, HR & CE Dept., Thirumangalam, Madurai. +1 CC to M/s.SPL GP ( SR-36271[F] dated 29/11/2021 ) +1 CC to M/s.S.MAHOHAR, Advocate ( SR-36236[F] dated 29/11/2021 )
W.P.[MD]No.10884 of 2010 25.11.2021
RK(10/12/2021) 3P 7C
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N. Palanichamy
The Joint Commissioner, HR & CE Dept., Madurai
The Assistant Commissioner, HR & CE Dept., Madurai
The Executive Officer, Arulmighu Karuppannasamy Temple
The Inspector, HR & CE Dept., Thirumangalam
Arulmighu Karuppannasamy Temple
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
