High Court Miscellaneous Petition seeking impleadment of a third party interested in a different temple than the subject of the main writ petition. Court held claims are unconnected and dismissed the petition for impleadment.
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W.M.P.No.19633 of 2020 in WP.No.28961 of 2018
R.MAHADEVAN, J. and
P.D.AUDIKESAVALU, J.
(Order of the court was made by R.MAHADEVAN, J.)
The petitioner herein, who is a third party to the writ petition bearing no.28961 of 2018, has sought to implead himself in the same, by stating that the HR&CE Department has failed to recover the lands belonging to Arulmigu Kumalamettu Mariamman Temple situated at Sankiruppu, Kidaramkondan, Tarangambadi Taluk, Nagapattinam District, which were illegally alienated by the family members of the hereditary trustee and hence, there is a need for a commission headed by a retired Judge to enquire the malpractices and statutory violations committed by the officers and staff of the HR&CE Department.
2.After hearing both sides and upon perusal of the affidavit filed in
support of this petition, this court is of the view that the temple referred to by the petitioner herein and the subject temple of the writ petition in
WP.No.28961 of 2018 are different; the petitioner and his claim are in no
way connected with the said writ petition; and hence, he cannot be impleaded as party respondent to the same.
3.Therefore, this miscellaneous petition stands dismissed.
[R.M.D., J.] [P.D.A., J.]
24.03.2023
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R.MAHADEVAN, J. and P.D.AUDIKESAVALU, J.
krk /av
W.M.P.No.19633 of 2020
in WP.No.28961 of 2018
24.03.2023
3/3
1 issue framed by the court
Whether a third party who has a different temple interest can be impleaded into an existing writ petition concerning a different temple.
Petitioner (Third Party in WP No.28961 of 2018)
R.MAHANDEVAN
P.D.AUDIKESAVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
