Amutha Muniyan v. The Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2023

CORAM

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Amutha Muniyan .. Petitioner

Versus

1. The Chief Secretary The Government of Tamilnadu Secretariate Chenani 600 009

2. The Revenue Divisional officer O/o The Revenue Divisional office Attur, Salem District

3. The Commissioner Hindu Religious and Charitable Endowments Department, No. 119, Uthamar Gandhi Road Thousand Lights West Nungambakkam Chennai - 600 034

4. The Joint Commissioner O/o The Joint Commissioner 1/5

5. The Assistant Commissioner O/o The Assistant Commissioner 6.Chandrasekaran 7.S.Singaravel 8.P.M.Perumal 9.Chellamuthu 10.Aanaimuthu 11.A.Raji @ A.Periyasamy .. Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents 3 and 4 to consider the representation of the petitioner dated 16.08.2022 made to the respondents 3 and 4 with a request to take action against the private respondents 6 to 11 for the unauthorized administration and functioning of the A/M. Royadurai Patchiyamman Thirukovil, Palaniyapuri Village, Attur Taluk, Salem District, handover the temple administration to the Executive officer of the temple by receiving Key gold valuables statue of the temple and also recover the entire Monetary benefits from the private respondents 6 to 11 collected and enjoyed from the year 1976 to till handing over the administration of the temple to the concerned Executive officer of the temple with the rules and regulations and Government Orders of the HR and CE Department.

For Petitioner : Mr.S.Srinivasan For Respondents : Mr.P.Rajendran for R1 to R5 Additional Government Pleader

ORDER

This writ petition has been filed seeking to direct the respondents 3 and 4 to consider the representation of the petitioner dated 16.08.2022 to 2/5

take action against the private respondents 6 to 11 for the unauthorized administration and functioning of the A/M. Royadurai Patchiyamman Thirukovil, Palaniyapuri Village, Attur Taluk, Salem District and handover the temple administration to the Executive officer of the temple and also recover the entire Monetary benefits from the private respondents 6 to 11 collected and enjoyed from the year 1976 to till handing over the administration of the temple to the concerned Executive officer of the temple with the rules and regulations and Government Orders of the HR and CE Department.

2. Though it is the grievance of the petitioner that the respondents 6 to 11 is occupying the subject temple premises, the authorities have not acted in this regard. Therefore, he has given representation to the respondent in this regard, the same has not acted.

3. The learned Additional Government Pleader submitted that already efforts have been taken by the temple to take over the possession and the representation of the petitioner dated 16.08.2022 will be considered and orders will be passed.

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4. Accordingly, there shall be a direction to the respondents 3 to 4 to consider the representation of the petitioner dated 16.08.2022 and pass order(s) on merits and in accordance with law after giving notice and opportunity of hearing to the private respondents within a period of one month from the date of receipt of a copy of this Order.

5. With the above directions, this writ petition stands disposed of. No costs.

06.01.2023 dhk Index : Yes / No Speaking Order : Yes / No (Note: Registry is directed to delete the name of the first respondent/Chief Secretary, Government of Tamil Nadu from the causetitle) To

1. The Revenue Divisional officer O/o The Revenue Divisional office Attur, Salem District

2. The Commissioner Hindu Religious and Charitable Endowments Department, No. 119, Uthamar Gandhi Road Thousand Lights West Nungambakkam, Chennai - 600 034 4/5

N.SATHISH KUMAR, J.

dhk

3. The Joint Commissioner O/o The Joint Commissioner

4. The Assistant Commissioner O/o The Assistant Commissioner 06.01.2023 5/5