The Madurai Bench of the Madras High Court closed a writ petition filed under Article 226 challenging an order declaring the petitioner an encroacher. The petition was dismissed as closed after the petitioner cited lack of instructions and conceded the plea that he had already been vacated.
Writ petition closed with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD)No.10232 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.(MD)No.10232 of 2020 and W.M.P.(MD)No.9123 of 2020
G.Veluchamy
... Petitioner
versus
No.119, Uthamar Gandhi Road,
Chennai – 34.
Madurai.
Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorari to call for the records
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W.P.(MD)No.10232 of 2020
pertaining to the impugned order passed by the 3rd respondent vide his proceedings in Na.Ka.2206/2017-4/Aa1, dated 05.08.2020 and quash the same.
For Petitioner : Mr.S.Madhavan For R1 to R3 : Mr.P.Subba Raj, Special Government Pleader For R4 : Mr.S.Manohar
ORDER
This writ petition is filed as against the order of the 3rd respondent/the Assistant Commissioner of HR&CE Department, Madurai, dated 05.08.2020 passed under Section 79 of HR&CE Act. By the order impugned in this writ petition, the petitioner has been declared as an encroacher and the Temple property has been taken over by the Temple administration.
the Temple as a party to this writ petition. Therefore, this Court, by order dated 27.08.2020, suo motu impleaded Arulmigu Koodal Alagar Temple, Madurai, as 4th respondent in this writ petition.
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W.P.(MD)No.10232 of 2020
submits that the petitioner has been vacated from the Temple property and therefore, nothing survives in this writ petition.
on the submission of the learned counsel appearing for the 4th respondent/Temple that the petitioner has already been vacated from the Temple property, this writ petition is closed. No costs. Consequently, connected miscellaneous petition is closed.
10.10.2023
ogy NCC : Yes / No. Index : Yes / No. Internet : Yes / No.
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W.P.(MD)No.10232 of 2020
B.PUGALENDHI, J.
ogy
To
No.119, Uthamar Gandhi Road, Chennai – 34.
Madurai.
W.P.(MD)No.10232 of 2020
10.10.2023
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1 issue framed by the court
Whether the writ petition filed by the petitioner was maintainable given the petitioner was already vacated from the temple property.
2 provisions across 2 enactments
G. Veluchamy
The Commissioner, Hindu Religious & Charitable Endowment Department
The Joint Commissioner, Hindu Religious & Charitable Endowment Department
The Assistant Commissioner, Hindu Religious & Charitable Endowment
Arulmigu Koodal Alagar Temple, Madurai
B. Pugalandhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
