Madras High Court
Vinayagamoorthy vs The Executive Officer on 5 January, 2023
W.P.(MD)No.16839 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :05.01.2023
CORAM
THE HONOURABLE MR.JUSTICE K. KUMARESH BABU
W.P.(MD)No.16839 of 2014
Vinayagamoorthy ... Petitioner
Vs.
1.The Executive Officer,
Arulmigu Marathajaleswarar Temple,
Musiri,
Trichy District.
2.The Commissioner,
HR and CE Department,
Nungambakkam,
Chennai.
3.Veeramalai. ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Mandamus directing the 1st respondent
herein to take appropriate action against the obstructions as per the direction
made in S.A.No.531 & 532 of 2008 dated 18.02.2010.
For Petitioner :Mr.R.Murali for
:Mr.K.Govindarajan
For Respondents :Mr.R.Ragavendran
Government Advocate for R1 & R2
:No appearance for R3
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W.P.(MD)No.16839 of 2014
ORDER
This writ petition has been filed seeking for a mandamus to direct
the 1st respondent herein to take appropriate action against the obstructions
as per the direction made in S.A.Nos.531 & 532 of 2008 dated 18.02.2010.
2.The case of the petitioner is that he had originally filed a suit in
O.S.No.370 of 1992, seeking for a declaration that the plaintiff is having the
right over the suit schedule property and also for a direction to direct the 1 st
respondent to remove the obstructions made by the 2nd defendant, who is the
3rd respondent herein.
3.According to the petitioner, the suit was decreed for both the
reliefs. Aggrieved against the same, the 3rd respondent had preferred a first
appeal, which was dismissed. As against the dismissal of the first appeal, the
3rd respondent herein had preferred a second appeal in S.A.Nos.531 & 532
of 2008. This Court, by order dated 18.02.2010, had allowed the second
appeal and had set aside the judgment and decree made in the original suit
in O.S.No.370 of 1992. However, a direction has been issued in the interest
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W.P.(MD)No.16839 of 2014
of the 2nd defendant temple, who is the 1st respondent herein, to take
appropriate action to remove the obstruction made in the disputed portion.
According to him, the said direction is nothing but decreeing the suit with
regard to second prayer as prayed for by the petitioner. Unfortunately, since
the suit has been dismissed, the petitioner is not in a position to file an
execution proceedings, as the same would be rejected on technicalities.
Thereafter, inspite of repeated representations, the 1st respondent had not
taken any action to comply with the direction given by this Court in
S.A.Nos.531 & 532 of 2008. Therefore, he has been forced to approach this
Court under Article 226 of Constitution of India, by filing this writ petition.
4.Considering the relief sought for in this writ petition and
without adverting to the merits and averments made in the affidavit filed in
support of this writ petition, the petitioner is directed to give a fresh
representation to the 1st respondent within a period of two weeks from the
date of receipt of a copy of this order and the 1st respondent is directed to
take appropriate action based on the representation of the petitioner within a
period of six weeks thereafter.
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W.P.(MD)No.16839 of 2014
5.With the above directions, this writ petition is disposed of
accordingly. There shall be no order as to costs.
05.01.2023
Index : Yes / No
Speaking Order/Non Speaking Order
sbn
To
1.The Executive Officer,
Arulmigu Marathajaleswarar Temple,
Musiri,
Trichy District.
2.The Commissioner,
HR and CE Department,
Nungambakkam,
Chennai.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.16839 of 2014
K.KUMARESH BABU, J.
sbn
W.P.(MD)No.16839 of 2014
05.01.2023
https://www.mhc.tn.gov.in/judis
