Citation : 2022 Latest Caselaw 10568 Mad
Judgement Date : 20 June, 2022
WP (MD) No.8329 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.06.2022
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR
Writ Petition (MD) No.8329 of 2022
and
W.M.P.(MD)Nos.6185 and 6187 of 2022
P.Muthukrishnan .. Petitioner
Versus
1.The Commissioner,
Hindu Religious and Charitable Endowments Department,
Nungambakkam,
Chennai – 600 034.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowments Department,
Thanjavur District.
3.The Assistant Commissioner,
Hindu Religious and Charitable Endowments Department,
Pudukkottai,
Pudukkottai District.
4.The Inspector,
Hindu Religious and Charitable Endowments Department,
Kulathur,
Pudukkottai District.
5.S.Rengarajan Naidu .. Respondents
Prayer :- Petition filed under Article 226 of the Constitution of India praying
for issuance of a Writ of Certiorari, to call for the records relating to the
impugned tender notification dated Nil, issued by the fifth respondent, seeking
https://www.mhc.tn.gov.in/judis
1/4
WP (MD) No.8329 of 2022
public auction to cut and remove the Seemai Karuvela Trees in respect of
S.F.No.43 and 36/1 of Pidampatti Village, Singathakurichi Vattam, Kulathur
Taluk, Pudukkottai District, quash the same as illegal.
For Petitioner : Mr.M.Suresh
For R1 to R4 : Mr.P.Subbaraj
Special Government Pleader
For R5 : Mr.R.Murali
ORDER
This Writ Petition has been filed to quash the impugned tender
notification dated Nil, issued by the fifth respondent, seeking public auction to
cut and remove the Seemai Karuvela Trees in respect of S.F.No.43 and 36/1 of
Pidampatti Village, Singathakurichi Vattam, Kulathur Taluk, Pudukkottai
District.
2.This Court, vide interim order dated 26.04.2022, directed the
petitioner to take immediate steps to remove Seemai Karuveela Trees
[Prosopis Juliflora] at his cost and file a Memo to that effect on the next date
of hearing. Against the said order, the fifth respondent has filed W.A.
(MD)No.460 of 2022. This Court, vide judgment dated 11.05.2022, disposed
the said Writ Appeal, directing the fifth respondent to approach the competent
forum under Section 78 of the Tamil Nadu Hindu Religious and Charitable https://www.mhc.tn.gov.in/judis
WP (MD) No.8329 of 2022
Endowments Act, 1959, within a period of two weeks from the said date and
also directed the third respondent to consider the same and take appropriate
decision within a period of 12 weeks thereafter, by providing adequate
opportunity to the aggrieved parties.
3.Today, when the matter is taken up for hearing, the learned counsel
for the petitioner has filed a Memo dated 20.06.2022, stating that the petitioner
has removed the Seemai Karuveela Trees [Prosopis Juliflora] from the subject
survey numbers. Hence, the relief sought for in the present Writ Petition has
become infructuous.
4.Recording the Memo filed by the petitioner, dated 20.06.2022, this
Writ Petition is dismissed as infructuous. No costs. Consequently, connected
Miscellaneous Petitions are closed.
20.06.2022
Index : Yes/No
smn2
To
1.The Commissioner,
Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai – 600 034.
https://www.mhc.tn.gov.in/judis
WP (MD) No.8329 of 2022
M.NIRMAL KUMAR, J.
smn2
2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur District.
3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Pudukkottai, Pudukkottai District.
4.The Inspector, Hindu Religious and Charitable Endowments Department, Kulathur, Pudukkottai District.
WP (MD) No.8329 of 2022
20.06.2022 https://www.mhc.tn.gov.in/judis
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