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2026 Supreme(Online)(Mad) 18783
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Abdul Quddhose, J
Arulmighu Kariakaliamman temple – Appellant
Versus
The District Collector Coimbatore district – Respondent
WP No. 7873 of 2026 | WMP NO. 8506 OF 2026
For the Appellants/Petitioners: Mr.K.Nizamuddin
For the Respondents: Mr.N.Naveen Kumar, Mr.Arun Natarajan
A writ petition becomes infructuous when the action sought to be prevented has already occurred.
Headnote:Statute Analysis: The petition concerns the issue of land use of the Arulmighu Kariakaliamman Temple as per applicable laws. Facts of the Case: The petitioner seeks to prevent the fifth respondent from laying a road on temple land.
Findings of Court:
The court noted that a road was already laid, rendering the petition infructuous.
Issues: The court focused on whether the actions taken by the respondents were appropriate under the law.
Ratio Decidendi: The court highlighted that despite objections, the work was executed, which led to the petition's conclusion.
Result: The petition is disposed of, allowing the petitioner to seek removal of the road through appropriate legal channels.
| Table of Content |
|---|
| 1. petition filed to prevent road construction. (Para 1) |
| 2. court recognizes road already constructed. (Para 2) |
| 3. writ petition disposed of, allowing for other remedies. (Para 3) |
ORDER
This writ petition has been filed to forbear the fifth respondent from in any manner laying road in the temple land belonging to Arulmighu Kariakaliamman Temple, comprised in SF Nos. 356/2A, 356/2B and 357, morefully disclosed in the prayer to this writ petition.
2.Mr.N.Naveen Kumar, learned Government Advocate accepts notice on behalf of respondents 1 to 5. Mr.Arun Natarajan, learned Special Government Pleader, who accepts notice on behalf of the sixth respondent, on instructions would submit that a road has already been laid and therefore, the prayer sought for in this writ petition has now become infructuous. At the same time, he would submit that the road was laid despite objections given by the Inspector, HR&CE, Mettupalayam.
3.Since the road has already been laid, this writ petition has now become infructuous. However, liberty is granted to the petitioner for removal of the road if so advised by filing the appropriate legal proceedings. Accordingly, this writ petition is disposed of. Consequently, connected WMP is closed. No costs.
