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Marie Therese Anandi vs The Director (Antiquities)

Madras High Court|03 October, 2017

JUDGMENT / ORDER

Mr.R.Govindasamy, learned Special Government Pleader takes notice for the 4th respondent. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the 4th respondent.
3. The petitioner seeks for a Mandamus directing the first respondent to pass appropriate order on her representation dated 06.04.2017, wherein and whereby, she sought for intervention of the respondents 1 to 3 and inspect the subject matter idols and issue certificate as if it belongs to the petitioner.
4. Perusal of the facts and circumstances as narrated in the affidavit filed in support of the writ petition and also by considering the admitted fact that a criminal case is pending investigation in respect of the subject matter idols as well as the other idols recovered from the premises of the petitioner and one Deenadayalan and others and by considering the further fact as stated by the learned Government Advocate appearing for the 4th respondent that the petitioner is also arrayed as one of the accused in the said criminal case, this Court is not inclined to entertain the present writ petition, even though the same is filed seeking for a direction to the respondents 1 to 3 to consider the petitioner's representation dated 06.04.2017. Needless to say that when the criminal prosecution is already launched and is in the stage of investigation, parallel proceedings in the form as projected by the petitioner, cannot be entertained. Therefore, I find no merits to entertain the writ petition. Accordingly, the writ petition is dismissed. No costs.
03.10.2017 Speaking/Non Speaking Index : Yes/No vsi K.RAVICHANDRABAABU,J.
vsi To
1. The Director (Antiquities) Office of the Director General, Archaeological Survey of India, 11, Janpath, New Delhi.
2. The Registering Officer, Archaecological Survey of India, Chennai Circle, St.George, Fort, Chennai-600 009.
3. The Registering Officer, Department of Archaecology and Museums, Shivappanayaka Palace, Near Kota Anjaneyaswamy temple, Shimoga-577 202.
4. The Chief Investigation Officer/ Deputy Superintendent of Police Idol Wing-CID, Guindy, Chennai-32.
W.P.No.25754 of 2017 03.10.2017
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Title

Marie Therese Anandi vs The Director (Antiquities)

Court

Madras High Court

JudgmentDate
03 October, 2017