In this writ petition challenging proceedings to demolish a temple, the court held that since encroachments were already removed, no further adjudication was needed. The petition was disposed of accordingly.
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.23888 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD)No.23888 of 2023
C.Kathiresan ... Petitioner
Vs.
5.M.Paul Raj ...Respondents
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W.P.(MD)No.23888 of 2023
PRAYER:
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned proceedings of the 4th respondent in Se.Mu.Ka.No.93/2023/EVaA dated 11.09.2023 and quash the same and consequently direct the respondents not to demolish the ancient Arulmigu Kaliamman Maduraiveeran Karuppasamy temple of the the Arunthathiyar community people of Kombai, Uthamapalayam Taluk.
For Petitioner : Mr.L.Shaji Chellan For R1 to R4 : Mr.S.Kameswaran Government Advocate For R5 : Mr.S.Mohammed Suhail for M/s.Ajmal Associates
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J. )
The learned Government Advocate appearing on behalf of the official respondents made a submission that the encroachment in entirety has been removed.
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W.P.(MD)No.23888 of 2023
2.In view of the fact that the encroachments have already been removed, no further adjudication needs to be undertaken in respect of the grounds raised in the writ petition. It is needless to state that the Government authorities are bound to protect the public properties and to prevent any further encroachments over the government lands.
3.In the result, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
(S.M.S., J.) & (L.V.G., J.) 21.11.2023
NCC : Yes / No Index : Yes / No Internet : Yes / No ta
To
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W.P.(MD)No.23888 of 2023
S.M.SUBRAMANIAM, J.
AND L.VICTORIA GOWRI, J.
ta
W.P.(MD)No.23888 of 2023
21.11.2023
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C.Kathiresan
The District Collector, Theni
The Revenue District Officer, Uthamapalayam
The Thasildar, Uthamapalayam
The Assistant Divisional Engineer, Highways Department
M.Paul Raj
S.M.SUBRAMANIAM
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
