Writ petition filed under Article 226 challenging an order declaring a temple as Samathukovil. Court disposed of the petition as closed after the death of all parties, expressly reserving judgment on merits.
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W.P(MD) No.14035 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2021 CORAM THE HON'BLE MR. JUSTICE M.SUNDAR W.P(MD) No.14035 of 2011
K.Subbiah
... Petitioner
Vs.
1.The Commissioner,
Hindu Religious & Charitable Endowment Department, Chennai.
2.The Joint Commissioner,
Hindu Religious & Charitable Endowment Department, Sivagangai.
3.R.Sonai Asari ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Certiorarified Mandamus, calling for the records pursuant to the impugned order passed by the 1st respondent in D.Dis.32511/11 D2 vide his order dated 04.10.2011 and quash the same and issue consequential direction, directing the 1st and 2nd respondents herein to cancel the order passed by the Joint Commissioner in O.A.No.110 of 1975 dated 10.08.1976 in declaring “Ganagasapapathy Swamy Kovil” as Samathukovil.
For Petitioner : Ms.Jeena for M/s.Lakshmi Gopinathan For Respondents : Mr.M.Lingadurai, Government Advocate for R1 & R2 Mr.S.Lakshmanan for R3
O R D E R
Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 08.11.2021, which reads as follows:
'Ms.Jeena, learned counsel representing the counsel on record for writ petitioner, Mr.M.Lingadurai, learned Government Advocate for respondents 1 and 2 (official respondents) and Mr.S.Lakshmanan, learned counsel for third respondent (private respondent) are before this Court.
2.Learned counsel for the third respondent submits that he has been informed that the third respondent (Mr.R.Sonai Asari) is no more and requests for time to https://hcservices.ecourts.gov.in/hcservices/ ascertain if steps need to be taken at all.
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W.P(MD) No.14035 of 2011
3.Request acceded to. List a fortnight hence. 4.List on 22.11.2021.'
2.The same set of learned counsel and learned State Counsel who were before this Court in the previous listing are before this Court today also.
3.Adverting to the earlier proceedings, today learned counsel for writ petitioner and learned counsel for third respondent submit that both are no more and nothing survives in this matter.
4.Recording the stated positions, captioned writ petition is disposed of as closed, making it clear that this Court has not expressed any view or opinion on the merits of the matter.
5.Captioned writ petition is disposed of as closed. There shall be no order as to costs.
Assistant Registrar (P & A)
// True Copy //
vsm
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 Commissioner, Hindu Religious & Charitable Endowment Department, Chennai. 2.The Joint Commissioner, Hindu Religious & Charitable Endowment Department, Sivagangai.
+1 CC to M/s.S.LAKSHMANAN, Advocate (SR-35570[F] dated 23/11/2021) +1 CC to M/s.SPL GP ( SR-35446[F] dated 23/11/2021 )
W.P(MD)No.14035 of 2011
22.11.2021
RS (04.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/
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1 provisions across 1 enactments
K.Subbiah
The Commissioner, Hindu Religious & Charitable Endowment Department, Chennai
The Joint Commissioner, Hindu Religious & Charitable Endowment Department, Sivagangai
R.Sonai Asari
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
