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Madras High CourtWP/1455/2021closed

G.Anbalagan v. The Secretary

2021-01-25Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2021

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.1455 of 2021 and WMP.No.1633 of 2021 G.Anbalagan

...Petitioner

Vs.

1.The Secretary Hindu Religious Endowment Department Puducherry Government Puducherry.

2.The Commissioner Hindu Religious and Endowment Board, Puducherry Puducherry State.

3.The District Collector & Special Officer Karaikkal District Karaikkal Puducherry State.

4.The Deputy Collector and Executive Officer (Temple) Sri Karkodagapurishwarar Temple Kakkamozhi, Neravy Commune 609 604 Karaikkal Puducherry State.

5.Sivaprakasam 6.Madhavan 7.Kumar 8.Velayutham 9.Magibalan

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus of any other appropriate writ or order or direction in 1/3

the nature of writ direction the respondents take action on the petitioner's representation dated 04.01.2021 made for taking steps to appoint new Board of Trustees for the fourth respondent Temple and till such time forbear from doing Kumbabisehkam for the fourth respondent Temple.

For Petitioner : Mr.L.Chandrakumar For Respondents : Mr.J.Kumaran, for R1 to R4 Additional Government Pleader

ORDER

Mr.J.Kumaran, learned Additional Government Pleader accepts notice for respondents 1 to 4 and is armed with instructions to proceed in the matter. By consent of both sides, the Writ Petition is taken up for final disposal even at the stage of admission.

2. The petitioner has sought a mandamus seeking disposal of his representations filed since 23.12.2019, the latest reminder dated 04.01.2021 for taking appropriate steps to appoint a new Board of Trsutees for the fourth respondent/Sri Karkodagapurishwarar Temple (Temple) and to forbear the respondents from conducting kumbabishekam for the Temple till such time the new Board of Trustees is appointed.

3. Mr.Kumaran, who accepts notice for R1 to R4 would state that all arrangements have been made for the conduct of the Kumbabishekam and suggestions in this regard from different sections of the public including devotees have been taken note of in a meeting conducted for this purpose. He would also point out that the present Writ Petition is vexatitious, as the petitioner is himself, an encroacher, against whom proceedings have been initiated for eviction.

4. Be that as may, seeing as the representation has been pending since December, 2019, let the petitioner be heard on 27.01.2021 at 10.30 a.m. and orders passed by the official respondents on representation dated 23.12.2019 on or before 29.01.2021,in accordance with law.

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5. With the aforesaid direction, this Writ Petition is closed. No costs. Connected Miscellaneous petition is closed,. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar s1 To 1.The Secretary Hindu Religious Endowment Department Puducherry Government Puducherry.

2.The Commissioner Hindu Religious and Endowment Board, Puducherry Puducherry State.

3.The District Collector & Special Officer Karaikkal District Karaikkal Puducherry State.

4.The Deputy Collector and Executive Officer (Temple) Sri Karkodagapurishwarar Temple Kakkamozhi, Neravy Commune 609 604 Karaikkal Puducherry State.

+1cc to Mr.R.Kamaraj, Advocate, S.R.No.4073 +1cc to the Government Pleader(Pondy.), S.R.No.4118 W.P. No.1455 of 2021 and WMP.No.1633 of 2021 3/3